District of Massachusetts

BOSTON – A Worcester man was sentenced today in connection with brandishing a loaded sawed-off shotgun in December 2019.

Steven Dillon, 36, was sentenced by U.S. District Court Judge Timothy S. Hillman to 43 months in prison and three years of supervised release. On Sept. 27, 2021, Dillon pleaded guilty to one count of being a felon in possession of a firearm and ammunition and one count of unlawful possession of an unregistered firearm.

On Dec. 25, 2019, Dillon went out drinking following a family Christmas dinner.  He returned to his apartment intoxicated and approached the teenagers who had stayed home.  After arguing with the teenagers, he went to his bedroom and retrieved a sawed-off shot gun, which he cocked while walking down the hall towards the room occupied by the teenagers.  The teenagers barricaded themselves in the bedroom and contacted police.  When police arrived, they found Dillon in the apartment and the shotgun and ammunition in his bedroom. Dillon was previously convicted of a felony punishable by more than one year in prison and therefore prohibited from possessing a firearm.

United States Attorney Rachael S. Rollins; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Kristen Noto of Rollins’ Worcester Branch Office prosecuted the case.

BOSTON – U.S. Attorney General Merrick B. Garland and U.S. Attorney for the District of Massachusetts Rachael S. Rollins have announced the Justice Department’s new National Strategy to Combat Human Trafficking pursuant to the Justice for Victims of Trafficking Act, which aims to enhance the Department’s capacity to prevent human trafficking; prosecute human trafficking cases; and support and protect human trafficking victims and survivors. 

Among other things, the Justice Department’s multi-year strategy to combat all forms of human trafficking will:

• Strengthen engagement, coordination, and joint efforts to combat human trafficking by prosecutors in all 94 U.S. Attorneys’ Offices and by federal law enforcement agents nationwide.
• Establish federally funded, locally led anti-human trafficking task forces that support sustained state law enforcement leadership and comprehensive victim assistance.
• Step up departmental efforts to end forced labor by increasing attention, resources and coordination in labor trafficking investigations and prosecutions.
• Enhance initiatives to reduce vulnerability of American Indians and Alaska Natives to violent crime, including human trafficking, and to locate missing children.
• Develop and implement new victim screening protocols to identify potential human trafficking victims during law enforcement operations and encourage victims to share important information.
• Increase capacity to provide victim-centered assistance to trafficking survivors, including by supporting efforts to deliver financial restoration to victims.
• Expand dissemination of federal human trafficking training, guidance and expertise.
• Advance innovative demand-reduction strategies.

“The fight against sex and labor trafficking, and supporting these victims, is one of my highest priorities for this office. Coordination among local, state and federal partners to provide a victim-centered approach to prevent human trafficking in the District will be further enhanced by the Justice Department’s newly released strategy,” said U.S. Attorney Rachael S. Rollins. “Human trafficking has a devastating and sustained impact on victims and their loved ones. My office will spare no resource in identifying, prosecuting and holding traffickers accountable to the fullest extent of the law.”

“Human trafficking is an insidious crime,” said U.S. Attorney General Merrick B. Garland. “Traffickers exploit and endanger some of the most vulnerable members of our society and cause their victims unimaginable harm. The Justice Department’s new National Strategy to Combat Human Trafficking will bring the full force of the Department to this fight.”

The District of Massachusetts has established itself as a leader in the fight to address human trafficking.

Since 2017, the Department of Justice has committed approximately $235 million in federal grants throughout the District of Massachusetts to aid in the fight against sex and labor trafficking and support victims of crime, including survivors of human trafficking. These funding streams have supported health and human service organizations providing direct services to survivors, state and local human trafficking prevention programs, law enforcement trainings and other support to victims and minor victims of human trafficking.

In FY2021, the following federal grants were awarded in Massachusetts to support local and state anti-trafficking programs, and provide direct services to victims of crime, including survivors of human trafficking:

• Baystate Medical Center, Inc., $600,000
• Ascentria Community Services, Inc., $800,000
• Attorney General’s Office, $1,558,000
• Commonwealth of Massachusetts: $21,488,509

In 2019, the U.S. Department of Justice awarded the Massachusetts Attorney General’s Office $1,699,742 to develop a Massachusetts Task Force to Combat Human Trafficking. The Commonwealth’s Anti-Trafficking (CAT) Task Force is a federally funded, multidisciplinary approach that is the first of its kind and a national model for locally led anti-human trafficking task forces. This effort is a collaboration between the U.S. Attorney’s Office, the Massachusetts Attorney General’s Office, direct service providers, and state, local and federal law enforcement to proactively investigate and effectively prosecute human trafficking in Massachusetts while also providing trauma informed comprehensive services for victims of human trafficking.

The Massachusetts CAT Task Force receives referrals for all types of human trafficking cases. Referrals or questions should be communicated to the CAT Task Force through the Attorney General’s Office or via email to CATTaskForce@mass.gov. If you are in immediate danger, call 911.

If you believe that you or someone you know may be a victim of human trafficking, please contact the National Human Trafficking Resource Center Hotline at 1-888-373-7888, or Text 233733.

To receive more information related to applying for federal grant programs to support anti-trafficking work, please visit www.grants.gov.

The Department’s strategy will be implemented under the direction of the National Human Trafficking Coordinator designated by the Attorney General in accordance with the Abolish Human Trafficking Act of 2017. To read the National Strategy to Combat Human Trafficking click here.

BOSTON – The United States Attorney’s Office announced today that $884,755 recovered from forfeited assets of Scott J. Wolas will be distributed to his victims. The United States Attorney’s Office expressly sought permission to have the forfeited assets directly applied to victim restitution, which was granted by the Department of Justice.

Wolas, who had been a fugitive for more than 20 years prior to his arrest in April 2017, was convicted in 2018 of seven counts of wire fraud, one count of aggravated identity theft, one count of misuse of a Social Security number and one count of tax evasion in connection with $1.9 million real estate investment fraud scheme in Quincy. 

“My office will diligently pursue financial recovery for our crime victims—even years after someone has been convicted and sentenced, we will continue our pursuit,” said United States Attorney Rachael S. Rollins. “These ill-gotten gains have finally been recovered and our efforts send an important message that crime does not pay.” 

In January 2019, Wolas was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to 81 months in prison, three years of supervised release and ordered to pay $1,949,813 in restitution to the victims of his fraud scheme. Chief Judge Saylor also ordered Wolas to pay $69,768 in restitution to Social Security and Medicare, $318,266 in restitution to the IRS and entered a forfeiture money judgment of $1,949,813.

From at least 2009 through 2016, Wolas, using the name Eugene Grathwohl, operated a real estate business known as Increasing Fortune Inc. and worked as a licensed real estate agent for Century 21 in Quincy. From 2014 through 2016, he solicited investments for the development of the Beachcomber Bar property on Quincy Shore Drive and for the construction of a single-family home on the adjacent property. He collected more than $1.9 million from at least 24 investors and promised each of them a significant return on their investments. He further promised to pay out at least 125% of the profits related to the single-family home construction. However, Wolas used the money mostly for personal expenses unrelated to development of the real estate projects.

Law enforcement then discovered that Grathwohl was actually Wolas, a former lawyer who had been a fugitive since 1997 after being charged with fraud and grand larceny in New York. The real Eugene Grathwohl resided in Florida and was known to Wolas.

On Nov. 17, 2016, law enforcement officers interviewed Wolas’ ex-wife, Cecily Sturge, of Delray Beach, Fla., who stated that she had not been in contact with her ex-husband for approximately 15 years, since their divorce in 2001. Further investigation determined this was false and that Wolas had stayed at a condo rented under Sturge’s name five days prior to her interview with law enforcement. Sturge later pleaded guilty to making a materially false statement to a federal agent and was sentenced in May 2018 to one year of probation.

Prior to her conviction, Sturge filed a petition with a Florida court in February 2017 to modify the 2001 divorce judgment to obtain the contents of Wolas’ retirement account. At the time Sturge filed the petition, Wolas’ retirement account had a balance of approximately $647,000 from the law firm where he worked prior to being indicted in 1997 by New York authorities. Sturge had previously tried to obtain the retirement account by claiming Wolas was dead, but in 2016, Wolas suggested that they amend the divorce decree to get access to the account. Law enforcement established that Wolas had drafted the petition to modify the divorce judgment to transfer the contents of Wolas’ retirement account to Sturge. The petition that Wolas drafted and Sturge signed falsely stated that Sturge did not know Wolas’ whereabouts. After Wolas’ arrest, he and Sturge continued to discuss the transfer of the retirement account during jail calls and using thinly veiled code words.

After the Florida court allowed Sturge’s petition, but before the account was transferred to her, the U.S. Attorney’s Office restrained the retirement account and moved to forfeit it. Sturge opposed forfeiture, claiming ownership of the retirement account. In February 2021, Chief Judge Saylor issued a 39-page memorandum and order finding that the transfer of the retirement account to Sturge was a fraudulent transfer and granted the government’s motion to deny her ownership claim. As a result, the retirement account was liquidated and $884,755 was turned over to the United States. The United States Attorney’s Office then sought permission to have the forfeited assets applied to victim restitution, which was granted by the Department of Justice’s Money Laundering and Asset Recovery Section in January 2022.

United States Attorney Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; John Cremonini, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Quincy Police Chief Paul Keenan made the announcement today. Assistant U.S. Attorney Carol E. Head, Chief of Rollins’ Asset Recovery Unit, handled the forfeiture litigation.

BOSTON - A Salvadoran national residing in Lynn was indicted today by a federal grand jury in Boston for illegally reentering the United States after deportation.

Inmar Samuel Aguiluz-Palacios, 29, was indicted on one count of illegal reentry.

According to the indictment, on Aug. 21, 2021, Aguiluz-Palacios was encountered in Massachusetts having been previously deported in May 2014.

The charge of illegal reentry provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000. The defendant will be subject to deportation upon completion of any sentence imposed. 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 and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations in Boston made the announcement today. Assistant U.S. Attorney Kenneth G. Shine 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 repeat felon with three prior federal firearm convictions was sentenced yesterday in federal court in Boston for his fourth federal firearms charge and the third since 2015.

Darnell Upshaw, 40, of Brockton, was sentenced by U.S. District Court Judge Indira Talwani to 64 months in prison and three years of supervised release. In September 2021, Upshaw pleaded guilty to being a felon in possession of a firearm and ammunition. 

In the early morning hours in November 2019, Upshaw was pulled over on Route 140 in Taunton by law enforcement for traffic violations. After observing Upshaw’s speech and appearance, his performance on the field sobriety test, as well as an open bottle of Hennessey’s in Upshaw’s vehicle, the officer determined Upshaw to be extremely inebriated and he was subsequently arrested. A search of Upshaw’s vehicle recovered a 9mm Glock pistol loaded with 11 rounds of 9mm ammunition tucked under the floor mat of the driver’s seat, with the grip positioned up towards the driver.

Upshaw is prohibited from possessing firearms and ammunition due to three previous federal convictions. In April 2005, Upshaw sold an undercover agent 50 rounds of .25 caliber ammunition. In August 2015, during a traffic stop in which he was determined to be operating under the influence of alcohol, Upshaw was found in possession of a .380 caliber semi-automatic pistol loaded with four rounds of .32 caliber ammunition.

In May 2017, officers responded to a report of shots fired on Owens Avenue in Brockton. Based on information provided at the scene, law enforcement officers suspected that Upshaw was responsible for the shooting and began surveillance of his house. Subsequently, officers observed a vehicle matching the description of the shooter’s vehicle arrive and park near Upshaw’s house, where two men exited the vehicle. Minutes later, Upshaw was observed leaving his house and driving away in a black SUV which the officers followed and, when it stopped, Upshaw exited and took off running with his right arm braced tightly against his side. The officers followed Upshaw as he fled, climbed over a fence and entered his girlfriend’s mother’s house. Upshaw was apprehended inside the house and a loaded firearm was found lying on top of a pile of lawn clippings near the fence Upshaw had climbed. Subsequent lab analysis revealed that Upshaw’s shirt bore traces of gunshot primer residue.      

United States Attorney Rachael S. Rollins; 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 Bristol County District Attorney Thomas M. Quinn III made the announcement. Assistant U.S. Attorney Robert E. Richardson of Rollins’ Major Crimes Unit prosecuted the case.  

BOSTON – A member of the Trinitarios street gang pleaded guilty today in federal court in Boston in connection with trafficking firearms, ammunition, cocaine and fentanyl in the Greater Lawrence area.

Arismendy Gil-Padilla, 31, of Lawrence, pleaded guilty to two counts of being a felon in possession of a firearm; two counts of distribution and possession with intent to distribute cocaine; and one count of distribution and possession to distribute 40 grams or more of fentanyl and cocaine. U.S. District Court Judge Denise J. Casper scheduled sentencing for May 26, 2022.

Gil-Padilla was indicted and arrested in November 2019 as part of a federal sweep targeting federal and state offenders, including members and associates of the Trinitarios street gang, in the Greater Lawrence area.

Beginning in 2017, law enforcement conducted an investigation into the members, associates and suppliers of the Trinitarios operating in the Greater Lawrence area. The Trinitarios is a street gang originating in the New York area with increased presence in Lawrence and the surrounding communities. According to court documents, many Trinitarios members are involved in a broad range of illegal activities including, but not limited to, firearms and drug trafficking as well as violent crimes undertaken to protect the interests of the gang and its members.

During the investigation, Gil-Padilla was identified as a member of the Trinitarios. On eight separate occasions between April and August 2018, Gil-Padilla sold at least 16 guns, ammunition, cocaine and fentanyl to a cooperating witness. Specifically, Gil-Padilla sold the cooperating witness two handguns, ammunition and cocaine for $3,600 on June 28, 2018; seven firearms, ammunition and cocaine for $6,240 on July 11, 2018; cocaine and fentanyl on August 2, 2018; and seven firearms and ammunition, a laser sight, fentanyl and cocaine for $2,900 on various dates between April and May 2018. Gil-Padilla is prohibited from possessing firearms and ammunition due to a 2014 conviction of sale of a controlled substance that was punishable by more than one year in prison.

The charge of being a felon in possession of a firearm provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. The charge of distribution of and possession with intent to distribute cocaine provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. The charge of distribution of and possession to distribute 40 grams or more of fentanyl and cocaine provides for a sentence of at leave five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district judge based on the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Rachael S. Rollins; 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; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations, Boston Field Division; Essex County District Attorney Jonathan W. Blodgett; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Commissioner Carol Mici of the Massachusetts Department of Corrections; and Lawrence Police Chief Roy P. Vasque made the announcement. Assistant U.S. Attorney Carol E. Head of Rollins’ Asset Recovery Unit is prosecuting the case.

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

BOSTON – A Connecticut man was arrested today for allegedly threatening, harassing and intimidating a Massachusetts woman through social media and email.

Marshall Nicholas Fain, 31, of New Haven, Conn., was charged with one count of cyberstalking and one count of transmitting threats through interstate commerce. Fain was arrested this morning and made an initial appearance today in federal court in Boston before U.S. District Court Magistrate Judge Jennifer C. Boal. Fain is being held in custody pending a detention hearing schedule for Feb. 8, 2022.

According to the charging documents, Fain was in a relationship with the victim for approximately two years, until the relationship ended in August 2021. Soon after, in September 2021 and continuing through December 2021, Fain sent the victim multiple private messages through email and social media threatening to kill the victim and members of her family.

Fain allegedly created multiple social media and email accounts which he used to harass and threaten the victim anonymously. Specifically, according to the charging documents, Fain used anonymous Instagram and Facebook accounts to send the victim messages that said, among other things, “I’ll kill you” and “You gonna get yours if it’s the last thing I do.” Fain allegedly also used anonymous email addresses to send the victim threatening messages that said, among other things, “I’m gonna find you and kill you if it’s the last thing I do,” “By now you know I don’t give a f*** about my own life so I really don’t mind taking yours,” and “When the time is right you gonna be one of the girls going missing. Ima torture the f*** out of you when I catch you.”

The charge of stalking by electronic means 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 transmitting threats through interstate commerce provides for a sentence of up to two years in prison, one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The Federal Bureau of Investigation, New Haven Division, provided valuable assistance in the matter. Assistant U.S. Attorney Evan Gotlob of Rollins Major Crimes Division is prosecuting the case.

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

BOSTON – A Connecticut man was arrested today on charges arising from a scheme to fraudulently obtain over $500,000 from his former employer, New England Sports Network (NESN).

Ariel Legassa, 49, of Burlington, Conn., was charged with one count of mail fraud. Legassa made his initial appearance in federal court in the District of Connecticut today and will appear in federal court in the District of Massachusetts at a later date.

According to the charging documents, from approximately December 2020 to January 2022, Legassa orchestrated a scheme to defraud NESN. It is alleged that as Legassa negotiated a legitimate contract with a New York company to provide web development services for NESN, Legassa simultaneously created a fictitious business under a similar name in Connecticut that he then used to receive fraudulent payments from NESN. During the pendency of the legitimate contract between the New York company and NESN, in addition to approving legitimate invoices from the New York company, Legassa allegedly created and approved several fake invoices from the Connecticut company. In all, it is alleged that NESN paid the Connecticut company, which did not have an actual business purpose, $575,500 into an account controlled by Legassa, who then spent the funds on personal expenses and transferred the funds into other accounts under his control.

The charge of mail 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 from the offense, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney 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 Benjamin A. Saltzman of Rollins’ Securities, Financial & Cyber Fraud Unit is prosecuting the case.

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

BOSTON – A Boston man pleaded guilty today in connection with heroin and fentanyl distribution and unlawful possession of firearms and ammunition.

Anthony Howard, 34, pleaded guilty to one count of possession with intent to distribute and distribution of heroin, one count of possession with intent to distribute fentanyl and one count of being a felon in possession of a firearm and ammunition. U.S. District Court Judge Denise J. Casper scheduled sentencing for May 25, 2022. Howard was arrested and charged in August 2021.

This case arose from a series of controlled purchases of heroin and fentanyl from Howard by a cooperating witness. On July 20, 2021, Howard sold a cooperating witness over 32 grams of heroin. A search of Howard’s apartment on Aug. 5, 2021, resulted in the seizure of approximately 24.52 grams of fentanyl; drug distribution paraphernalia; and several firearms, including a Glock 9mm handgun loaded with a drum magazine capable of 50 round capacity and containing 15 rounds of 9mm ammunition.

Federal law prohibits Howard from possessing a firearm or ammunition due to prior felony convictions. Additionally, at the time of the offenses, Howard was on state pre-trial release for a 2014 indictment for murder, armed assault to murder and illegal firearm possession, amongst other charges, in connection with a shooting of multiple victims. On Nov. 15, 2021, Howard was convicted on several charges in this matter and sentenced to 18 to 20 years in state prison.

The charges of distribution and possession with intent to distribute heroin and possession with intent to distribute fentanyl each 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. 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. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

First United States Attorney Joshua S. Levy; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Boston Police Acting Commissioner Gregory Long made the announcement today. Valuable assistance was provided by the Suffolk County District Attorney’s Office. Assistant U.S. Attorney John Dawley of the Organized Crime and Gang Unit is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

BOSTON – A Springfield woman was sentenced today for stealing over $62,000 in Social Security benefits.  

Patricia Shibles, 50, was sentenced by U.S. District Court Judge Mark Mastroianni to three years of probation, with the first six months to be served on home detention. Shibles was also ordered to pay $62,113 in restitution to the Social Security Administration (SSA). On September 22, 2021, Shibles pleaded guilty to one count of theft of public funds. 

In April 2016, the father of Shibles’ fiancé, who was receiving Social Security benefits, passed away. The SSA was not informed of the death, and SSA continued to deposit monthly benefits into a bank account held by Shibles and the deceased beneficiary. From April 2016 through April 2020, Shibles stole approximately $62,113 in Social Security benefits from the account. 

United States Attorney Rachael S. Rollins and John Cremonini, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement. Assistant U.S. Attorney Michelle Dineen Jerrett of Rollins’ Springfield Branch Office and Special Assistant U.S. Attorney Karen Burzycki of Rollins’ Major Crimes Unit prosecuted the case.

BOSTON – A Springfield woman pleaded guilty yesterday in connection with her involvement in a scheme to fraudulently obtain COVID-19-related unemployment assistance.

Audri Ford-Victory, 61, pleaded guilty to one count of wire fraud conspiracy. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for June 1, 2022. Ford-Victory was charged on Dec. 15, 2021.

In March 2020, in response to the global COVID-19 pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act created a temporary federal unemployment insurance program called Pandemic Unemployment Assistance (PUA), which in Massachusetts is administered by the Department of Unemployment Assistance. This program provides unemployment insurance benefits for individuals who are not eligible for other types of unemployment benefits.

Ford-Victory and her co-conspirator submitted more than 100 fraudulent PUA claims resulting in more than $1.2 million in payments. Approximately half of the PUA claims were made on behalf of individuals residing outside of Massachusetts. In some instances, Ford-Victory and her co-conspirator received kickback payments for doing so.

The charge of wire fraud conspiracy provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins; Frederick J. Regan, Special Agent in Charge of the U.S. Secret Service, Boston Field Office; and Jonathan Mellone, Special Agent in Charge of the Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, New York Regional Office, made the announcement. The Massachusetts Department of Unemployment Assistance provided assistance in the investigation. Assistant U.S. Attorney Christopher J. Markham of Rollins’ Securities, Financial & Cyber Fraud Unit 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.

BOSTON – A Middleboro financial advisor has been charged in a superseding indictment in connection with defrauding his elderly clients and stealing the victims’ retirement assets.

Paul R. McGonigle, 67, has been charged in a superseding indictment with one count of investment adviser fraud and two counts of money laundering. McGonigle was previously arrested and charged in June 2021 with three counts of wire fraud, one count of mail fraud and one count of aggravated identity theft.  

According to the charging document, McGonigle served as a financial advisor for the elderly victims. Beginning no later than February 2015, McGonigle allegedly caused unauthorized withdrawals from victims’ annuities and induced victims to give him money to invest on their behalf, which he then used for personal and business expenses. To carry out his scheme, McGonigle allegedly posed as clients on calls with their annuity companies and signed their names on forms requesting withdrawals from their annuities. 

The charge of investment adviser fraud provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense, whichever is greater. The charges of money laundering provide for a sentence of up to 10 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, whichever is greater. The charges of mail and wire fraud provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense, whichever is greater. The charge of aggravated identity theft provides for a mandatory consecutive sentence of two years in prison, up to one year of supervised release and a fine of $250,000 or twice the gross gain or loss from the offense, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. The Massachusetts Insurance Fraud Bureau provided valuable assistance with the investigation. Assistant U.S. Attorney Kristen A. Kearney of Rollins’ Securities, Financial & Cyber Fraud Unit is prosecuting the case.

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

BOSTON – A Lynn woman was arrested today for allegedly stealing over $50,000 in Social Security benefits.   

Teresa M. Carrington, 64, was charged with one count of theft of public funds. Carrington was released on conditions following an initial appearance before U.S. District Court Magistrate Judge Judith G. Dein in federal court in Boston this afternoon.

According to the indictment, from June 2016 through January 2020, Carrington stole at least $50,210 in Social Security benefits.

The charge of theft of public funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins and John Cremonini, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki 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 – Ohio-based pharmaceutical distributor, Cardinal Health, Inc., has agreed to pay $13,125,000 to resolve allegations that it violated the False Claims Act by paying “upfront discounts” to its physician practice customers, in violation of the Anti-Kickback Statute.

The Anti-Kickback Statute prohibits pharmaceutical distributors from offering or paying any compensation to induce physicians to purchase drugs for use on Medicare patients. When a pharmaceutical distributor sells drugs to a physician practice for administration in an outpatient setting, the distributor may legally offer commercially available discounts to its customers under certain circumstances permitted by the Office of Inspector General for the Department of Health and Human Services (HHS-OIG). HHS-OIG has advised that upfront discount arrangements present significant kickback concerns unless they are tied to specific purchases and that distributors maintain appropriate controls to ensure that discounts are clawed back if the purchaser ultimately does not purchase enough product to earn the discount. According to facts that the company has acknowledged in the settlement agreement, Cardinal Health, Inc. failed to meet these requirements because the upfront discounts it provided to its customers were not attributable to identifiable sales or were purported rebates which Cardinal Health’s customers had not actually earned.  

“Cardinal Health recruited new customers by offering and paying cash bonuses in violation of the Anti-Kickback Statute and False Claims Act. Kickback schemes, such as this one, have the potential to pervert clinical decision-making and are detrimental to our federal health care system and taxpayers,” said United States Attorney Rachael S. Rollins. “We commend Cardinal Health for resolving this matter cooperatively.” 

“Pharmaceutical distributors are expected to play by the rules and not engage in illegal arrangements,” said Phillip M. Coyne, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Working with our law enforcement partners, we will continue to investigate kickback schemes that threaten the integrity of our federal health care system, no matter how those schemes are disguised.”

“Cardinal Health thought it hit upon a surefire moneymaker by paying kickbacks to doctors, which cost health benefit programs millions of dollars in potentially fraudulent claims,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Anyone involved in, or entertaining, similar activity should know that health care fraud is a priority for the FBI, and we will pursue anyone trying to profit from this country’s vital health care system.”

The False Claims Act settlements resolve allegations originally brought in lawsuits filed by whistleblowers under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. In connection with today’s announced settlement, the relators will receive approximately $2.6 million of the recovery.

U.S. Attorney Rollins, HHS-OIG SAC Coyne and Boston FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorneys Evan Panich and Lindsey Ross of Rollins’ Affirmative Civil Enforcement Unit handled the matter.

BOSTON – A Boston man and woman pleaded guilty today in federal court in Boston to conspiracy and distribution charges involving fentanyl.

Valentin Pujols, 35, and Katherine Olivares-Soto, a/k/a “Jessy,” 25, pleaded guilty before U.S. District Court Chief Judge F. Dennis Saylor IV to one count each of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl and one count each of distribution of and possession with intent to distribute 40 grams or more of fentanyl. Pujols and Olivares-Soto are scheduled to be sentenced on May 18 and May 24, 2022, respectively.

Pujols and Olivares-Soto were indicted in September 2019 along with co-conspirator Maria Yovanny Soto-Diaz-Deperez, a/k/a “Betty.” Soto-Diaz-Deperez remains a fugitive.

Pujols and Olivares-Soto allegedly conspired with Soto-Diaz-Deperez to distribute fentanyl. As stated during the plea hearing, on multiple occasions between December 2018 and February 2019, Soto-Diaz-Deperez agreed to sell quantities of fentanyl to an undercover agent. In December 2018, Pujols and Soto-Diaz-Deperez sold the undercover agent approximately 49 grams of fentanyl. In January 2019, Olivares-Soto, allegedly acting on behalf of Soto-Diaz-Deperez, sold approximately 109 grams of fentanyl and on a third occasion, Soto-Diaz-Deperez allegedly sold approximately 124 grams of fentanyl to the undercover agent. 

The charges of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl and distribution of 40 grams or more fentanyl each provide for a sentence of at least 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 judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Arlington Police Chief Juliann Flaherty; and Somerville Acting Police Chief Charles Femino made the announcement today. Assistance in the investigation was provided by the Boston Housing Authority Police Division and the Arlington Public Housing Authority. Assistant U.S. Attorney James E. Arnold 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 former Everett man was indicted today on identity theft and fraud charges in connection with schemes to fraudulently obtain an apartment and pandemic-related relief funds from the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program made available under the Coronavirus Aid, Relief, and Economic Security Act.

Tedje Menard, 27, was indicted on two counts of wire fraud, one count of false representation of a social security number and one count of aggravated identity theft. Menard was initially charged and arrested in November 2021.

According to the charging documents, in or around November 2020, Menard applied to rent an apartment in East Boston using the name and identity of another person. As part of the application and screening process, Menard falsely claimed to be the victim by providing the company overseeing the property with, among other things, the victim’s name, Social Security number, date of birth and a copy of a purported North Carolina driver’s license containing the victim’s information but depicting a photograph of Menard. Additionally, in June 2021, Menard allegedly submitted an EIDL application in the amount of $40,000 using the victim’s name and personal identifiable information.

It is also alleged that in April 2021, Menard used his own name to apply for a PPP loan in the amount of approximately $20,833. In the loan application, it is alleged that Menard falsely represented his business’ total gross income in 2019 and his criminal history.

The charge of wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of false representation of a social security number provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutively to any other sentence imposed, one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins and 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 Department of Labor and the U.S. Secret Service, Boston Field Office. Assistant U.S. Attorney J. Mackenzie Duane of Rollins’ Major Crimes Unit 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.

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 Centerville man pleaded guilty today in federal court in Boston to his role in a wide-ranging heroin trafficking conspiracy.

Vinicius Zangrande, 38, pleaded guilty to conspiracy to distribute and possession with intent to distribute heroin. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for April 27, 2022. 

In May 2019, Zangrande and 10 co-defendants were arrested and charged with various drug distribution offenses. According to court documents, in 2019, law enforcement began investigating a Cape Cod drug trafficking organization, allegedly led by Edwin Otero. It is alleged that Otero and his co-conspirators distributed large quantities of heroin throughout Cape Cod, including Hyannis, Mashpee, Centerville and Osterville as well as Pawtucket, R.I. The investigation identified Zangrande as Otero’s driver, in which he provided transportation directly for Otero or transported drugs on Otero’s behalf. In addition to moving sizeable quantities of heroin, the investigation revealed that members of the Otero crew allegedly shot at a drug customer over an unpaid debt and videotaped themselves beating another man they incorrectly believed had provided information to the police. As a result of the investigation, heroin, oxycodone, packaging materials, scales, a finger press, cash and three firearms, including a 9-millimeter assault-type weapon that fit an ammunition clip recovered from the drug debt shooting, were seized.

Zangrande is the 5th defendant to plead guilty in the case. The remaining defendants have pleaded not guilty and are pending trial.

United States Attorney Rachael S. Rollins; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Barnstable Police Chief Matthew K. Sonnabend made the announcement today. Assistant U.S. Attorneys Christopher Pohl and Lauren Graber of Rollins’ Narcotics & Money Laundering 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 documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A New York Man was arrested today on charges arising from a scheme to fraudulently obtain business loans and unemployment pandemic relief funds made available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

Ronald Buie, 35, was charged with one count of wire fraud. Buie will make an initial appearance in federal court in the Eastern District of New York this afternoon and will appear in Boston at a later date.

According to the charging documents, Buie engaged in a scheme to defraud the U.S. Small Business Administration (SBA) by submitting fraudulent applications for loans offered in connection with the CARES Act. It is alleged that Buie applied for SBA loans under various false identities for which he had also opened bank accounts and email accounts. Buie also allegedly submitted fraudulent documentation to apply for and obtain a fraudulent loan from the SBA Paycheck Protection Program for his company, Platinum Car Service LLC. Specifically, in support of his loan application, Buie allegedly provided what he purported to be a monthly bank statement for his business checking account showing an ending balance of more than $198,000, whereas bank records for that particular month show that the actual balance was less than $3,000. In addition, it is alleged that Buie’s scheme also involved the utilization of various false identities to apply for Pandemic Unemployment Assistance benefits.

The charge of wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.  

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.

United States Attorney Rachael S. Rollins; Frederick J. Regan, Special Agent in Charge of the U.S. Secret Service, Boston Field Office; Jonathan Mellone, Special Agent in Charge of Department of Labor, Office of Inspector General, Labor Racketeering and Fraud Investigations; and Ketty Larco-Ward, Inspector in Charge of the United States Postal Inspection Service, made the announcement today. Valuable assistance was provided by the U.S. Secret Service, New York Field Office; Massachusetts Department of Unemployment Assistance; and the New York City Police Department. Assistant U.S. Attorney William F. Abely, Chief of Rollins’ Criminal Division, is prosecuting the case.

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

BOSTON – An MS-13 member was sentenced today in federal court in Boston for racketeering conspiracy and being an illegal alien in unlawful possession of ammunition.

Cristian Alvarez Hernandez, a/k/a “Duende,” 22, a Salvadoran national residing in East Boston, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to 121 months in prison and three years of supervised release. Alvarez Hernandez will also be subject to deportation proceedings upon completion of his sentence. In September 2021, Alvarez Hernandez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy, and to being an illegal alien in unlawful possession of ammunition. 

MS-13, or La Mara Salvatrucha, is a transnational street gang operating in Massachusetts and numerous other states, as well as countries such as El Salvador, Honduras and Guatemala. MS-13 members follow certain core rules and principles, including that members attack and attempt to kill members of rival gangs and that members do not act as informants or cooperate with law enforcement.

Alvarez Hernandez was a chequeo, or mid-level, member in MS-13’s Everett Locos Salvatrucha (ELS) clique. As a member of MS-13, Alvarez Hernandez accepted and furthered its core objectives of attacking rival gang members or MS-13 members who violated the enterprise’s rules. Alvarez Hernandez was a rising member within ELS, and photographs showed him embracing MS-13’s lifestyle, including flashing gang signs, wearing gang colors or symbols, posing with weapons and being photographed alongside numerous other MS-13 members. He was also found in possession of three firearms and over 150 rounds of ammunition.

Alvarez Hernandez’s membership activity within the gang also included his dispute with a teenage boy who was killed in September 2015 by four other MS-13 gang members based on the victim’s perceived status as a rival. The four MS-13 members who personally participated in the murder were charged separately and have each been convicted for their participation in the murder. Edwin Gonzalez a/k/a “Sangriento,” was sentenced to life in prison; Carlos Melara a/k/a “Chuchito,” was sentenced to 36 years in prison; and Henry Parada Martinez a/k/a “Street Danger,” was sentenced to 21 years in prison. The last remaining MS-13 member involved, Rene Mejia Flores, a/k/a Gasper, pleaded guilty and is awaiting sentencing.  

First Assistant United States Attorney Joshua S. Levy; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Essex County District Attorney Jonathan W. Blodgett; Suffolk County District Attorney Kevin R. Hayden; Boston Police Acting Commissioner Gregory Long; Lynn Police Chief Christopher Reddy; and Chelsea Police Chief Brian Kyes made the announcement today.

BOSTON – An associate of the Orchard Park gang pleaded guilty today in federal court in Boston to firearm and drug charges arising from his involvement in a Boston-area drug trafficking organization.

Raymond Gaines, 42, of Bridgewater, pleaded guilty to one count of being a felon in possession of a firearm and ammunition, one count of possession with intent to distribute cocaine and one count of possession of a firearm in furtherance of a drug trafficking crime. U.S. District Court Chief Judge F. Dennis Saylor IV scheduled sentencing for Feb. 10, 2022. Gaines was arrested on June 1, 2021 and has remained in custody since then.

In April 2021, an investigation was opened into a drug trafficking organization involving Gaines. The investigation revealed that Gaines was an associate of the Orchard Park gang and that he actively sold cocaine in and around the Boston area. On June 1, 2021, Gaines was found in possession of cocaine intended for sale, as well as a Ruger .380 LCP semiautomatic handgun, loaded with one round of .380 caliber ammunition and a Glock 9mm semi-automatic handgun, along with numerous rounds of additional ammunition.

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 with intent to distribute cocaine provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. The charge of possession of a firearm in furtherance of a drug trafficking crime provides for a sentence of at least five years and up to life in prison, up to five years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

First Assistant United States Attorney Joshua S. Levy; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Boston Police Acting Commissioner Gregory Long; and Bridgewater Police Chief Christopher D. Delmonte made the announcement today. Assistant U.S. Attorney John Dawley of the Organized Crime and Gang Unit is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 

BOSTON – A North Carolina man was sentenced today in federal court in Boston for firearms trafficking. 

Gabriel Gispert-Poe, 24, of Hope Mills, N.C., was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 18 months probation and was ordered to pay a fine of $1,000. On Sept. 22, 2021, Gispert-Poe pleaded guilty to one count of engaging in the business of dealing in firearms without a license. 

At various times in 2019 and 2020, Gispert-Poe acquired firearms in North Carolina from straw buyers or other sources, and then sold these firearms to Chiweze Ihunwo at a profit. Ihunwo then transported the firearms he obtained from Gispert-Poe to Massachusetts and offered them for resale, including through social media. Gispert-Poe and Ihunwo communicated by phone regarding the proposed acquisition and subsequent resale of firearms.

On Dec. 16, 2021, Ihunwo was sentenced by U.S. District Court Judge Leo T. Sorokin to 15 months in prison and three years of supervised release after pleading guilty to trafficking firearms in August 2021.

United States Attorney Rachael S. Rollins and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives made the announcement. Assistance was provided by the Randolph Police Department. Assistant U.S. Attorney William Abely, Chief of Rollins’ Criminal Division, prosecuted the case

BOSTON – A Taunton man pleaded guilty today in federal court in Boston to drug trafficking activities involving fentanyl.

Carlos Rivera, 47, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl and three counts of distribution and possession with intent to distribute fentanyl. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for May 23, 2022. Rivera was indicted in February 2021 and has been in custody since his arrest in January 2021.

Between September 2020 and January 2021, Rivera and a co-conspirator engaged in four separate sales of fentanyl to a cooperating witness in Taunton. Rivera used his residence and his barbershop, Knockout Barbershop, to sell drugs and store drug proceeds. On the morning of Jan. 29, 2021, agents arrested Rivera outside his apartment. An on-site search found that Rivera was carrying approximately 40 grams of fentanyl at the time of his arrest.

The charge of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl provides for a sentenced of at least five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charges of distribution of and possession with intent to distribute fentanyl provide for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

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

BOSTON – Five Boston-area men have been indicted by a federal grand jury in Boston for firearm and drug offenses. 

Trevon Bell, 26, of Boston, was indicted on one count of being a felon in possession of a firearm. Freily Cabral, 25, of Boston and Quincy, was indicted on two counts of being a felon in possession of a firearm and ammunition, one count of possession with intent to distribute marijuana and one count of possession of a firearm in furtherance of a drug trafficking offense. Dumari Scarlett-Dixon, 21, of Boston and Weymouth, was indicted on one count of unlawful user of a controlled substance in possession of a firearm and ammunition. Dane Mitchell, a/k/a “Cheaney,” 31, of Revere, was indicted on one count of being a felon in possession of a firearm and ammunition, one count of possession with intent to distribute cocaine and one count of possession of a firearm in furtherance of a drug trafficking offense. Lawrence Alexander, 24, of Stoughton, was indicted on one count of possession with intent to distribute marijuana and one count of possession of a firearm in furtherance of a drug trafficking offense.

Bell was arrested on Friday, Jan. 21, 2022, and was detained following an initial appearance before United States Magistrate Judge Donald L. Cabell that afternoon. Cabral, Scarlett-Dixon and Mitchell had previously been arrested and remain in federal custody. Alexander remains at large.

According to charging documents, an investigation conducted from August through December 2021 identified the defendants as illegally possessing or selling firearms. As part of the investigation, a series of search warrants were executed at the defendants’ residences which allegedly resulted in the seizure of numerous firearms, ammunition and drugs packaged for sale. According to charging documents, a search of Cabral and Alexander’s residence on Sept. 9, 2021, resulted in the seizure of a Taurus .38 caliber revolver, a Hopkins and Allen .32 caliber revolver, a Walther 9-millimeter semi-automatic pistol, .38 caliber and 9-millimeter ammunition, approximately 1.3 kilograms of marijuana packaged for sale and over $23,000 in cash. A search of Scarlett-Dixon’s residence on Sept. 21, 2021, resulted in the seizure of a Bersa 9-millimeter semi-automatic pistol, 49 rounds of 9-millimeter ammunition and 10 rounds of .380 caliber ammunition. A search of Mitchel’s residence on Dec. 28, 2021, resulted in the seizure of a Taurus .380 caliber semi-automatic pistol with an obliterated serial number, .380 caliber ammunition, eight bags of cocaine packaged for sale, a digital scale and other drug trafficking paraphernalia. Agents also recovered a Glock Model 9-millimeter semi-automatic pistol that was linked to Bell. At the time of the offenses, Cabral, Scarlett-Dixon and Bell were each on house arrest via electronic monitoring for pending state court firearm charges and Mitchell was on supervised release for a prior federal firearms charge.

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 up to $250,000. The charge of being a drug user 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 up to $250,000. The charge of possession with intent to distribute marijuana provides for a sentence of up to five years in prison, at least two years of supervised release and a fine of up to $250,000. The charge of possessing firearms in furtherance of a drug trafficking offense provides for a sentence of at least five years and up to life in prison, from and after any sentence imposed on the underlying drug trafficking counts, five years of supervised release and a fine of $250,000.  The charge of possession with intent to distribute cocaine provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

The operation was conducted is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.

First Assistant United States Attorney Joshua S. Levy; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Division; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement. Special assistance in the investigation was provided by the Boston, Quincy and Lynn Police Departments. Assistant U.S. Attorney Christopher Pohl of the Narcotics and Money Laundering Unit is 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 Weymouth man pleaded guilty yesterday to his involvement in a scheme to defraud a financial institution and to obtain money from its customers using fraudulent identification documents.

Judemario Josaphat, Jr., 26, pleaded guilty to one count of conspiracy to commit bank fraud and one count of aggravated identity theft. U.S. District Court Judge Denise J. Casper scheduled sentencing for May 4, 2022. Josaphat was charged with an alleged co-conspirator on Feb. 4, 2021.

Josaphat participated in and, at times, directed a scheme to defraud a financial institution. To carry out the scheme, Josaphat and others used fraudulent identification documents, among other means, to withdraw money from customers’ accounts at a federally-insured bank in the form of checks and cash. The fraudulently-obtained funds were then deposited in other bank accounts opened in the names of fictitious business entities before being withdrawn. The scheme resulted in over $800,000 in losses between December 2017 and February 2018.

The charge of conspiracy to commit bank fraud provides for a sentence of up to 30 years in prison, up to five years of supervised release and a fine of $1 million. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutively to any other sentenced imposed, one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Assistant U.S. Attorneys Leslie A. Wright and Christopher J. Markham of Rollins’ Securities, Financial & Cyber Fraud Unit are prosecuting the case.

BOSTON – A Webster man was sentenced yesterday in federal court in Worcester for mailing threatening communications to a West Virginia District Court Judge.  

Keith Lessard, 41, was sentenced by U.S. District Court Judge Timothy S. Hillman to time served (approximately four months) and one year of supervised release. The government recommended a sentence of two years in prison, the maximum sentence permitted by statute. On Sept. 15, 2021, Lessard pleaded guilty to one count of mailing threatening communications.

Lessard was charged and subsequently indicted by a federal grand jury in August 2020 in the Southern District of West Virginia. The case was transferred to the District of Massachusetts in July 2021 for plea and sentencing proceedings.

From August 2019 through June 2020, Lessard engaged in a series of communications with a West Virginia District Court Judge, and others, using email and postal mail. Prior to becoming a judge, the victim had previously served as an Assistant Prosecuting Attorney in a case against Lessard in 2010. The communications sent by Lessard were part of a scheme to extort money from the victim by threatening injury to her reputation by falsely claiming that she engaged in illegal prosecutorial misconduct when she prosecuted him.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement. Assistant U.S. Attorney Danial E. Bennett of Rollins’ Worcester Branch Office prosecuted the case.

BOSTON – A Dominican national previously residing in Lawrence was sentenced today for drug trafficking activities involving fentanyl and oxycodone.

Jose Amador Guerrero, 30, was sentenced by U.S. District Court Judge Indira Talwani to 56 months in prison and three years of supervised release. On Oct. 20, 2021, Guerrero pleaded guilty to two counts of distribution of fentanyl and oxycodone; three counts of distribution of 40 grams or more of fentanyl; and one count of possession with intent to distribute 400 grams or more of fentanyl.

In June 2020, Guerrero contacted a phone number he had received through contacts in the drug trade, in an attempt to gain a new customer – not realizing that the number was that of an undercover agent. Between June and August 2020, Guerrero met with the undercover agent on five separate occasions in Lawrence to sell fentanyl pills and powder and oxycodone powder. Guerrero was arrested on Aug. 26, 2020, after completing the fifth sale. A subsequent search of Guerrero’s apartment resulted in the seizure of an additional 837 grams of fentanyl, packaged for sale, along with drug packaging and distribution paraphernalia. In total, Guerrero sold or possessed with intent to sell 1.378 kilograms of fentanyl.

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 Lawrence Police Department. Assistant U.S. Attorney Stephen Hassink of Rollins’ Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A Haverhill man with multiple prior felony convictions was charged yesterday for possessing a loaded firearm and drugs intended for distribution.

Ramon Silvelo-Miles, 32, was charged with one count of being a felon in possession of a firearm and ammunition and one count of possession with intent to distribute cocaine and fentanyl. Following an initial appearance yesterday before U.S. District Court Magistrate Judge David H. Hennessy, Silvelo-Miles was detained pending a probable cause hearing scheduled for Jan. 25, 2022.

According to the charging documents, in the early morning hours of Sept. 20, 2021, Silvelo-Miles was stopped by law enforcement for driving erratically on Route 24 in West Bridgewater. Field sobriety tests administered on-site indicated that Silvelo-Miles was too impaired to drive. It is alleged that a subsequent search of the defendant’s car uncovered over 300 grams of cocaine packaged in small, clear plastic bags, as well as a small backpack inside the glove compartment that contained a clear plastic bag of fentanyl. A Raven Arms MP-25 .25 caliber pistol hidden within a black sock is also alleged to have been found in the glove compartment. The gun was loaded with one bullet in the chamber and five bullets in the magazine. Silvelo-Miles is prohibited from possessing a firearm due to multiple prior felony convictions including a 2014 conviction for manslaughter.

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 $1 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. 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 and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement. Assistant U.S. Attorney Fred Wyshak, III of Rollins’ Organized Crime and Gangs 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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

The details contained in the charging document 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 pleaded guilty today in connection with possessing a firearm and ammunition as a convicted felon.

Terrence Kenol, 24, pleaded guilty to one count of being a felon in possession of a firearm and ammunition before U.S. District Court Judge Timothy S. Hillman who scheduled sentencing for May 13, 2022. Kenol was indicted in October 2021.

On Sept. 3, 2021, Kenol was found in possession of a firearm and a loaded magazine in his vehicle after he drove around Worcester police cruisers that were blocking an active accident reconstruction scene on Granite Street in Worcester.  At the time of the offense, Kenol had been previously convicted of offenses that carried a possible maximum punishment of greater than one year in prison. In addition, at the time of the offense, Kenol was on probation for a prior state conviction of kidnapping and assault and battery. 

The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Rollins’ Worcester Branch Office is prosecuting the case. 

“Today’s dismissal of the criminal charges against Gang Chen is a result of our continued investigation into this matter. Through that effort, we recently obtained additional information pertaining to the materiality of Professor Chen’s alleged omissions in the context of the grant review process at issue in this case. After a careful assessment of this new information in the context of all the evidence, our office has concluded that we can no longer meet our burden of proof at trial. As prosecutors, we have an obligation in every matter we pursue to continually examine the facts while being open to receiving and uncovering new information. We understand that our charging decisions deeply impact people’s lives. As United States Attorney, I will always encourage the prosecutors in our office to engage in this type of rigorous and continued review at every stage of a proceeding. Today’s dismissal is a result of that process and is in the interests of justice.”

BOSTON – A Princeton man was indicted today by a federal grand jury in connection with the burning of a Leominster restaurant in in October 2021.

Edmond Charrette, a/k/a Edmond Kuhn, 31, was indicted on one count of damage and destruction of a building by means of fire. Charrette will make an initial appearance in federal court in Worcester on Jan. 27, 2022. 

According to the indictment, on Oct. 12, 2021, Charrette maliciously damaged and destroyed China City, a restaurant in Leominster, and its contents by means of fire.

The charge of damage and destruction of a building by means of fire provides for a sentence of at least five years and 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 other statutory factors.

United States Attorney Rachael S. Rollins; James 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 Leominster Interim Police Chief Aaron Kennedy made the announcement today. Assistant U.S. Attorney Kristen M. Noto of Rollins’ Worcester Branch Office is prosecuting the case.

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

BOSTON – A Malden man was sentenced yesterday in connection with possessing 100 grams of crack cocaine for distribution and numerous firearms.

Alberto Junior Lopez, 27, was sentenced by Senior U.S. District Court Judge Mark Wolf to five years in prison and five years of supervised release. On June 10, 2020, Lopez pleaded guilty to one count of possession with intent to distribute 28 grams or more of cocaine base (crack cocaine) and one count of possession of a firearm with an obliterated serial number.   

This case arose from a search of the Lopez’s Malden residence in November 2018 pertaining to a September 2018 drive-by shooting in Revere in which he was a suspect. The search resulted in the recovery of numerous firearms including a Colt .45 automatic firearm with an obliterated serial number, a Glock .45 automatic firearm, two loaded Glock magazines, numerous rounds of other ammunition and a bag containing about 94 grams of crack cocaine and more than $3,000 in cash, among other items.

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.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Division, made the announcement. Valuable assistance was provided by the Malden and Revere Police Departments. Assistant U.S. Attorney John T. Mulcahy of Rollins’ Narcotics & Money Laundering Unit prosecuted the case.

BOSTON – The former owner of a massage parlor pleaded guilty today in connection with filing for and obtaining fraudulent pandemic-related loans for her illicit business where workers engaged in commercial sex acts with customers.

Chynna Savath, 56, of Woonsocket, R.I., pleaded guilty to two counts of wire fraud. U.S. District Court Judge Richard G. Stearns scheduled sentencing for May 19, 2022. Savath was charged in September 2021.

Savath is the former owner of Thai Body Work, a massage parlor in Franklin, Mass. In June 2020, Savath submitted fraudulent applications to the Small Business Administration for COVID-19 relief through the Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) program under the Coronavirus Aid, Relief and Economic Security Act. In the applications, Savath falsely certified that the applicant was not engaged in any illegal activity, despite knowing that her employees at Thai Body Work engaged in prostitution with customers and that she collected a portion of fees paid by each customer. In total, Savath obtained $29,646 in fraudulent payments from the EIDL and PPP loan programs.   

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 on the U.S. Sentencing Guidelines and other statutory factors.

First Assistant United States Attorney Joshua S. Levy; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; Ketty Larco Ward, Inspector in Charge of the U.S. Postal Inspection Service; and Boston Police Acting Commissioner Gregory Long made the announcement. Special assistance was provided by the Cambridge, Boston, Franklin and Lexington Police Departments. Assistant U.S. Attorney Elysa Wan of the Criminal Division and Suffolk County Assistant District Attorneys Alyssa Tochka and Luke Goldworm, who were appointed as Special Assistant U.S. Attorneys, are prosecuting the cases.

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.

BOSTON – A former member of the Connecticut Chapter of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced yesterday on racketeering charges.

Esther Ortiz, a/k/a “Queen India,” 50, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to time served (approximately 72 days in prison) and three years of supervised release. The government recommended a sentence of 21 months in prison. On Oct. 12, 2021, Ortiz pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.

The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.

Ortiz was a member of the Latin Kings and the Latin Kings’ Regional Crown Council. As Regional Crown Council member, Ortiz advised leadership, heard evidence concerning violations of the manifesto and determined punishment for members who violated the rules of the Latin Kings. One such trial, which took place in March 2019, was captured on video. This trial involved complaints against Angel Roldan, a/k/a “King Big A,” the former second-in-command, or Cacique, of the Latin Kings in Massachusetts, who had reportedly robbed fellow gang members of drugs and failed to repay drug debts owed to the leader of the New Bedford Chapter.

In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Ortiz is the 42nd defendant to be sentenced in the case in the case. Roldan pleaded guilty and was sentenced in July 2021 to seven years in prison.

The United States Attorney’s Office for the District of Massachusetts; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Commissioner Carol Mici of the Massachusetts Department of Correction made the announcement. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. 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.

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

BOSTON – A Fitchburg man was sentenced yesterday in federal court in Worcester for his role in a wide-ranging fentanyl, heroin, crack and cocaine trafficking conspiracy.

Pablo Vidarte Hernandez, 48, was sentenced by U.S. District Court Judge Timothy S. Hillman to 81 months in prison and three years of supervised release. On Sept. 20, 2021, Vidarte Hernandez pleaded guilty to conspiracy to distribute and to possess with intent to distribute one kilogram or more of heroin, 400 grams or more of fentanyl, 280 grams or more of cocaine base (commonly known as crack cocaine) and 500 grams or more of cocaine.

According to court documents, following a fatal fentanyl overdose in September 2018, law enforcement began an investigation into a drug trafficking organization (DTO) in the Fitchburg area led by co-conspirators Pedro Baez and Anthony Baez. Beginning in July 2019, electronic communications revealed that Vidarte Hernandez, and others, distributed a fentanyl and heroin mixture on a regular basis to individuals in the Fitchburg area, including to Pedro and Anthony Baez, who redistributed that mixture to others.

Over the course of the investigation, over 1.8 kilograms of a heroin and fentanyl mixture, over 3.6 kilograms of cocaine and over 50 grams of crack cocaine were seized, as well as a stolen, loaded handgun, drug manufacturing equipment and over $376,000. Vidarte Hernandez was responsible for distributing over a kilogram of a fentanyl and heroin mixture. 

Vidarte Hernandez was charged along with 17 others in July 2020. He is the third defendant to be sentenced in the case. In December 2020, Anthony Baez was sentenced by Judge Hillman to 13 years in prison. Pedro Baez pleaded guilty on Feb. 3, 2021 and is scheduled to be sentenced on May 17, 2022. Six other defendants have pleaded guilty and are awaiting sentencing.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. The Fitchburg Police Department, U.S. Postal Inspection Service and the Lunenburg Police Department also provided valuable assistance. Assistant U.S. Attorney Alathea Porter of Rollins’ Narcotics and Money Laundering Unit is prosecuting the case.

The operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.

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

BOSTON – A Brazilian national pleaded guilty today in connection with a nationwide conspiracy to open fraudulent driver accounts with rideshare and delivery service companies.

Wemerson Dutra Aguiar, 29, a Brazilian national formerly residing in Lynn and Woburn, Mass., pleaded guilty in federal court in Boston to one count of conspiracy to commit wire fraud and one count of aggravated identity theft. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for May 10, 2022. 

In May 2021, Aguiar was charged along with 18 co-defendants with conspiracy to commit wire fraud by using stolen identities and falsified documents to create fraudulent driver accounts for rent or sale to individuals who might not otherwise qualify to drive for the rideshare or delivery services.

According to the charging documents, the defendants allegedly used victims’ identifying information to apply for driver accounts with the rideshare and delivery companies – enabling the defendants to pass those companies’ required background checks and create driver accounts in victims’ names. At times, it is alleged that the defendants edited victims’ driver’s license images to display photos of the drivers renting or buying the fraudulent accounts in order to circumvent facial recognition technology that the rideshare and delivery companies used as a security measure. The defendants allegedly obtained victims’ names, dates of birth, driver’s license information and or Social Security numbers from co-conspirators and other sources, including sites on the Dark Net. The defendants and co-conspirators also obtained driver’s license images directly from victims, by photographing victims’ licenses while completing an alcohol delivery through one of the services or while exchanging information with victims following vehicle accidents, some of which defendants or co-conspirators intentionally caused in order to obtain victims’ license information. As a result of the scheme, Internal Revenue Service Forms 1099 were generated in victims’ names for income that conspirators earned from the rideshare and delivery companies.

It is further alleged that the defendants used fraudulent driver accounts to exploit referral bonus programs offered by the rideshare and delivery companies and used “bots” and GPS “spoofing” technology to increase the income earned from the companies.

In connection with the scheme, Aguiar admitted that he obtained driver’s licenses and Social Security numbers that his co-conspirators procured from the DarkNet and other sources. Aguiar also admitted that he paid co-conspirators to alter driver’s license photos to display pictures of other individuals and that he used templates to create image files of fraudulent driver’s licenses displaying identity theft victims’ information. Aguiar used these stolen identifiers to create hundreds of fraudulent accounts with the rideshare and delivery companies and supplied these identifiers to other co-conspirators who also created fraudulent accounts. Aguiar advertised fraudulent accounts for sale or rent to Brazilian nationals living in the United States via WhatsApp chat groups and by word of mouth. He managed these accounts and attempted to prevent the accounts from being closed by the companies for fraud. Between June 2019 and January 2021, Aguiar received over $375,000 in rental payments from individuals driving under these accounts and payments from the companies generated with these accounts.

Sixteen of the defendants have been arrested in connection with the conspiracy and three remain at large. Aguiar is the second defendant to plead guilty in the case. If you believe that you may be a victim of the allegations in this case, please visit: https://www.justice.gov/usao-ma/victim-and-witness-assistance-program/us-v-wemerson-dutra-aguiar-and-us-v-priscila-barbosa-et-al.

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 $250,000 or twice the gross gain or loss from the offense, whichever is greater. The charge of aggravated identity theft provides for a sentence of at least two years in prison to be served consecutive to any other sentence imposed. 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 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 Massachusetts State Police; the Concord, Lexington, Plymouth, Wilmington, Marlborough and Village of Rye Brook (N.Y.) Police Departments; U.S. Customs and Border Protection; U.S. Postal Inspection Service and the National Crime Insurance Bureau. Assistant U.S. Attorneys Kristen A. Kearney and David M. Holcomb of Rollins’ Securities, Financial & Cyber Fraud Unit are prosecuting the case.

BOSTON – Two Everett men were sentenced today for their participation in a scheme to launder money that was fraudulently obtained from customer bank accounts.

Lindsley J. Georges, 27, and Dave Guillaume, 24, were each sentenced by U.S. District Court Judge Allison D. Burroughs to time served and three years of supervised release, with six months spent in home confinement. Georges and Guillaume were also ordered to pay restitution in the amounts of $667,243 and $457,243, respectively. On Sept. 1, 2021, the defendants pleaded guilty to one count each of money laundering conspiracy.

In December 2017 and January 2018, Georges and Guillaume collectively deposited over $600,000 in checks into business bank accounts that they controlled. These checks were provided to Georges and Guillaume by other co-conspirators who had fraudulently withdrawn those funds from customer accounts at other banks. Georges and Guillaume subsequently withdrew a portion of the funds in cash and checks.

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division, made the announcement. Assistant U.S. Attorneys Leslie A. Wright and Christopher J. Markham of Rollins’ Securities, Financial & Cyber Fraud Unit prosecuted the case.

BOSTON – Three men were arrested today for allegedly conspiring to trade on inside information about a Massachusetts company’s planned acquisition of a California semiconductor company.

David Forte, 58, of Acton; John Younis, 59, of Bristol, R.I.; and Gregory Manning, 59, of Needham, were each charged with one count of conspiracy to commit securities fraud. The defendants will appear in federal court in Boston this afternoon.

According to the charging documents, beginning in or around June 22, 2016, Forte - an officer with the Needham Police Department - obtained material non-public information from a close relative who is a senior executive at Analog Devices, Inc. (Analog), a Norwood-based semiconductor company, about Analog’s planned acquisition of Linear Technology Corp. (Linear), a semiconductor company based in Milpitas, Calif. Forte allegedly passed the information to two close friends, Manning and Younis, who purchased shares of Linear stock in the week leading up to the public announcement of the acquisition on July 26, 2016. Younis also allegedly purchased call options -which are a bet that the price of a stock will increase prior to the expiration of the option - and tipped a business associate to purchase Linear shares as well. After the deal was announced, Manning, Younis and Younis’ associate allegedly sold their Linear securities at a profit, and Manning paid Forte a kickback in appreciation for Forte’s stock tip.

The charge of conspiracy to commit securities fraud provides for a sentence of 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 other statutory factors.

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. The Securities & Exchange Commission provided valuable assistance. Assistant U.S. Attorney David M. Holcomb of Rollins’ Securities, Financial & Cyber Fraud Unit is prosecuting the case.

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

BOSTON – A Lynn man was indicted by a federal grand jury today in connection with operating a drug trafficking organization in which he allegedly used pill presses to produce thousands of counterfeit pills per hour and distributed the counterfeit prescription pills containing fentanyl to suppliers on the North Shore.

Vincent Caruso, 26, a/k/a “Fatz,” was indicted on one count of conspiracy to manufacture, distribute and possess with intent to distribute 400 grams or more of fentanyl, cocaine, marijuana and other controlled substances; one count of conspiracy to possess firearms in furtherance of a drug trafficking crime; one count of possession of a machine gun in furtherance of a drug trafficking crime; conspiracy to interfere with commerce by robbery (Hobbs Act robbery); and one count of conspiracy to commit money laundering. Caruso was arrested and charged by Complaint on June 30, 2021 along with co-conspirators Ernest Johnson, Laurie Caruso and Nicole Benton. On Oct. 1, 2021, Benton pleaded guilty to her role in the conspiracy and is awaiting sentencing which is set for April 12, 2022.

According to the charging documents, Caruso, an alleged Crip gang member, operated a large drug trafficking organization with multiple subordinates, to sell counterfeit prescription pills containing fentanyl to street gangs for further distribution on the North Shore. It is alleged that Caruso possessed and used firearms in furtherance of drug trafficking activities. Caruso allegedly posted and messaged photos and videos using social media that depicted firearms and machine guns in his possession, large quantities of fentanyl that would be distributed by his organization, large amounts of cash and high-end jewelry. It is further alleged that Caruso conspired with others to conduct transactions in order to launder portions of the illegal proceeds of the drug trafficking operation.

The charge of conspiracy to manufacture, distribute and possess with intent to distribute 400 grams or more of fentanyl provides for a sentence of up to life in prison, at least 10 years and up to a lifetime of supervised release and a fine of up to $10 million. The charge of conspiring to possess firearms in furtherance of a drug trafficking conspiracy involving a machine gun provides for a sentence of up to life in prison, up to five years of supervised release and a fine of up to $250,000. The charge of possession of machine gun in furtherance of a drug trafficking crime provides for a sentence of at least 30 years, to be served consecutive to the sentence associated with the underlying drug trafficking crime, and up to life in prison, five years of supervised release and a fine of up to $250,000. The charge of conspiracy to interfere with commerce by robbery provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of conspiracy to commit money laundering provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $500,000. Sentences are imposed by a federal district judge based on the U.S. Sentencing Guidelines and other statutory factors.

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 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 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.

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 Cambridge man was arrested and charged today in connection with purchasing child pornography with digital currency from the dark web.

David H. Chang, 27, was charged with one count of receipt of child pornography. Following an initial appearance this afternoon before U.S. District Court Magistrate Judge Marianne B. Bowler, Chang was detained pending a hearing which is set for Jan. 21, 2022.

According to the charging documents, between on or about April 2021 and January 2022, Chang used digital currency to purchase child pornography from the dark web. A search of Chang’s apartment this morning resulted in the recovery of electronic devices onto which Chang allegedly downloaded the child pornography he purchased. Additionally, Chang admitted to agents that he bought child pornography from a site on the dark web.

United States Attorney Rachael S. Rollins and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Homeland Security Investigations in New Haven (Conn.) provided valuable assistance. Assistant U.S. Attorney Benjamin Tolkoff of Rollins’ Major Crimes Unit is prosecuting the case.

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

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

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 Brockton man was sentenced yesterday for his role in a conspiracy to distribute fentanyl throughout southeastern Massachusetts.

Filomeno Monteiro, 31, was sentenced by U.S. District Court Judge Patti B. Saris to 42 months in prison and six years of supervised release. In July 2021, Monteiro pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl and one count of distribution of fentanyl.

In 2019 and 2020, law enforcement conducted an investigation into fentanyl traffickers operating in southeastern Massachusetts. In December 2019, Monteiro worked with co-defendant Christian Collins to distribute 20 grams of fentanyl to a cooperating witness and undercover police officer at a location in Plympton. At the time of the offense, Monteiro was on probation for a prior Plymouth Superior Court conviction for kidnapping and aggravated assault. Monteiro was also previously convicted twice in state court of possession with intent to distribute cocaine and heroin and possession with intent to distribute marijuana.

On Dec. 10, 2021, Collins was sentenced by Judge Saris to five years in prison and four of supervised release.

United States Attorney Rachael S. Rollins; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Brockton Police Chief Emanuel Gomes; East Bridgewater Police Chief Paul O’Brien; Douglas Bartlett, Acting U.S. Marshal for the District of Massachusetts; and Plymouth County District Attorney Timothy Cruz made the announcement. Assistant U.S. Attorney Christopher Pohl of Rollins’ Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A Dominican national residing in Lawrence pleaded guilty yesterday in federal court in Boston to conspiracy and distribution charges involving large quantities of fentanyl.

Ysrael Nunez, 39, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl; one count of distribution and possession with intent to distribute fentanyl; and one count of distribution of and possession with intent to distribute 400 grams or more of fentanyl and aiding and abetting. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for March 18, 2022. Nunez was charged along with co-defendant Leisy Baez-Zapata in July 2019 and were subsequently indicted by a federal grand jury in August 2019.

In October 2018, agents began investigating a drug trafficking organization (DTO) that distributed fentanyl in the Lawrence area. Between October 2018 and July 2019, a cooperating witness made controlled purchases of fentanyl from the DTO and on July 24, 2019, Nunez sold the cooperating witness approximately 23 grams of fentanyl. During that meeting, they discussed the DTO supplying the cooperating witness with a kilogram of fentanyl. The following day, the cooperating witness made arrangements with Nunez to purchase a kilogram of fentanyl which Leisy Baez-Zapata subsequently delivered to the cooperating witness and an undercover agent.

On Sept. 29, 2021, Baez-Zapata was sentenced by Judge Sorokin to time served (approximately 26 months in prison) and three years of supervised release after previously pleading guilty.

The charges of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl and distribution of 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 of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

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 Alathea Porter of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.

BOSTON – A Waltham man was arrested and charged on Tuesday, Jan. 11, 2022 in federal court on charges of receipt of child pornography.

Robert Daigle, 45, was charged with one count of receipt of child pornography. Following an initial appearance yesterday before U.S. District Court Magistrate Judge Marianne B. Bowler, Daigle was detained pending a detention hearing scheduled for Jan. 14, 2022.

According to the charging document, a search of Daigle’s residence on Jan. 11, 202 resulted in the recovery of electronic devices belonging to the defendant. An on-site forensic examination revealed images and videos depicting child pornography on at least one device. 

The charge of receipt of child pornography provides for a sentence of at least five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Office; and Waltham Police Chief Kevin O’Connell made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus 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 identity and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

BOSTON – A Michigan man was arrested yesterday in Michigan in connection with his alleged involvement in a fraudulent scheme to obtain COVID-19-related unemployment assistance.

Devin Smith, 30, was charged with one count of wire fraud and one count of aggravated identity theft. Smith was released on conditions following an initial appearance in federal court in Michigan yesterday afternoon. He will appear in federal court in Boston at a later date.

In March 2020, in response to the global coronavirus pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act provided funding to existing state unemployment insurance programs and created a new temporary federal program called Pandemic Unemployment Assistance (PUA). The PUA program, which in Massachusetts was administered by the Department of Unemployment Assistance, provided unemployment insurance benefits for individuals who are not eligible for other types of unemployment benefits.

According to the charging document, Smith participated in a scheme to obtain proceeds from fraudulent unemployment and PUA claims submitted in nine different states, including Massachusetts, between March and May 2020. Smith allegedly used stolen identities, including the identities of Massachusetts residents, to submit fraudulent unemployment and PUA claims and to purchase various commercial goods. Additionally, it is alleged that Smith filed multiple fraudulent unemployment and PUA claims in his own name in six different states, including in Massachusetts.

The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater, and forfeiture. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutively to any other sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins and Jonathan Mellone, Special Agent in Charge of Department of Labor, Office of Inspector General, Labor Racketeering and Fraud Investigations made the announcement today. Valuable assistance in the investigation was provided by the U.S. Postal Service and the Massachusetts Department of Unemployment Assistance. Assistant U.S. Attorney Christopher J. Markham of Rollins’ Securities, Financial & Cyber Fraud Unit 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 – A Lynn man pleaded guilty today in connection with illegally possessing and selling firearms.

Jufrandy Montano, 32, pleaded guilty to one count of dealing in firearms without a license, one count of being a felon in possession of a firearm and ammunition and one count of possession of an unregistered firearm. Montano was indicted on Sept. 28, 2021. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for April 27, 2022. Montano is currently in Maine state custody where he is serving a sentence on unrelated state charges.

Between March 4 and March 19, 2020, Montano sold three firearms. Additionally, on March 4, 2020, Montano possessed a 12-gauge sawed-off shotgun that was not registered to him in the National Firearms Registration and Transfer Records. Montano does not possess a license to import, manufacture, or deal firearms and is prohibited from possessing firearms due to a prior felony conviction.

The charge of dealing in firearms without a license provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. 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 an unregistered firearm provides for a sentence of up to 10 years in prison, three years supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement. Assistant U.S. Attorney Benjamin A. Saltzman of Rollins’ Criminal Division is prosecuting the case.

This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

BOSTON – A Dominican national previously residing in Lawrence was sentenced on Tuesday, Jan. 11, 2022 in connection with using another individual’s social security number.

Angel Bautista Rossi, 44, was sentenced by U.S. District Court Judge William G. Young to 18 months in prison and three years of supervised release. Bautista Rossi will be subject to deportation proceedings upon completion of his sentence.

In August 2017, Bautista Rossi used the identity and social security number of a U.S. citizen in an application for a Massachusetts driver’s license and to obtain medical benefits. In July 2020, Bautista Rossi, using the stolen identity, was arrested in Norfolk County on unrelated drug charges currently pending in the Norfolk Superior Court.

United States Attorney Rachael S. Rollins and John Cremonini, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Rollins’ Major Crimes Unit prosecuted the case.

BOSTON – A Dominican national was sentenced yesterday for drug trafficking activities involving fentanyl.

Angel Aybar Carmona, 26, was sentenced by U.S. District Court Judge Denise J. Casper to 13 months in prison. On Sept. 16, 2021, Carmona pleaded guilty to one count of distribution of and possession with intent to distribute 40 grams or more of fentanyl.

In December 2020, Carmona provided a sample of fentanyl along with his phone number to an undercover law enforcement officer. In subsequent text message conversations with Carmona, the undercover officer arranged to purchase 120 grams of fentanyl inside a store in Lawrence. After completing the sale, Carmona was arrested. 

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 Lawrence Police Department. Assistant U.S. Attorney Stephen Hassink of Rollins’ Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – The United States Attorney’s Office announced today that U.S. Senior District Court Judge George A. O’Toole authorized turnover of the full amount of funds held in an inmate trust fund account to the victims of Christopher Saemisch.

In March 2019, Saemisch was convicted by a federal jury in Boston of distributing child pornography to a currently incarcerated federal inmate. In 1997, Saemisch was convicted in federal court for conspiring to sexually exploit children, aiding and abetting the sexual exploitation of children, conspiring to distribute and receive child pornography, and distributing and receiving child pornography. He was also convicted by a Kansas court in 1999 for aggravated indecent liberties with a child under 14.

Due to his prior convictions, Saemisch was sentenced by Judge O’Toole to 30 years in prison and a lifetime of supervised release in July 2019. Saemisch was also ordered to pay restitution in the amount of $18,000 to his 18 individual victims.

According to court documents, in April 2016, agents received information from a federal inmate that Saemisch, who at the time was living in Kansas City, Kansas, admitted to looking at and storing child pornography and wanting to travel to Europe to have sex with children. Saemisch boasted to the inmate about his access to children and his new job babysitting four children. During their communications, Saemisch and the inmate used special coded language to discuss the collection and distribution of child pornography. The inmate confirmed that he and Saemisch used the code word “antiques,” when referring to child pornography and the code word “puppies,” to refer to children. On May 3, 2016, agents, pretending to be the inmate, began communicating with Saemisch. During the monitored conversations on various messaging apps and web platforms, Saemisch directed the undercover agents to set-up accounts to receive and exchange child pornography. He also sent them child pornography that he had stored on various file storage sites. Saemisch was arrested on May 6, 2016, while attending an event at a nudist campsite.

Upon learning that Saemisch had approximately $11,000 in funds in his inmate trust fund account, the United States filed a motion for turnover of these funds for the payment of restitution ordered to his victims. On Tuesday, Jan. 11, 2022, Judge O’Toole issued an order granting turnover of the full amount of the funds.

United States Attorney Rachael S. Rollins; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; and Michael Smith, Northeast Regional Director of the Federal Bureau of Prisons, made the announcement. Assistant U.S. Attorney Raquelle Kaye of Rollins’ Asset Recovery Unit handled the restitution aspects of this case. Assistant U.S. Attorneys James Herbert and Anne Paruti of Rollins’ Criminal Division prosecuted the case.

BOSTON – Three men were charged yesterday, and have agreed to plead guilty, in connection with a scheme to defraud a Massachusetts-based bank and the U.S. Small Business Administration (SBA).

Ted Capodilupo, 56, of South Easton; Joseph Masci, 70, of Boston; and Brian Ferris, 43, of Braintree, were charged with one count each of conspiracy to commit bank fraud.

According to the charging documents, between 2015 and 2018, Capodilupo, Masci and Ferris agreed to defraud the bank and the SBA by submitting fraudulent loan applications to the bank, which administered the SBA’s small business express loan program, to secure bank loans guaranteed by the SBA. Specifically, it is alleged that Capodilupo and Masci, who operated a loan brokerage business, submitted dozens of fraudulent loan applications to the bank on behalf of borrowers ineligible for traditional business loans. These loan applications misrepresented, among other things, the identity of the real loan recipients and the businesses for which the loans were sought.

Capodilupo and Masci also allegedly fabricated federal tax forms submitted in support of the fraudulent loan applications, falsified applicant signatures and falsely indicated that no broker had assisted in preparing or referring the loan applications. Capodilupo and Masci allegedly charged borrowers fees for obtaining these fraudulent loans. It is alleged that Ferris, who worked as a loan officer at the bank, caused the bank to issue loans for which Capodilupo and Masci submitted applications and received a kickback from Capodilupo and Masci of approximately $500 per loan. The alleged scheme generated approximately $270,000 in fees for Capodilupo and Masci. Many of the loans that the bank issued as a result of the fraudulent applications ultimately defaulted, resulting in substantial losses to the bank.

The charge of conspiracy to commit bank fraud provides for a sentence of up to 30 years in prison; five years of supervised release; a fine of up to $1 million or twice the gross gain or loss, whichever is greater; restitution; and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins; Patricia Tarasca, Special Agent in Charge of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG), New York Region; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Office; Stephen Donnelly, Acting Special Agent-in-Charge, Eastern Region, Office of Inspector General for the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection; and Amaleka McCall-Brathwaite, Special Agent in Charge of SBA OIG’s Eastern Region, made the announcement. Assistant U.S. Attorney David M. Holcomb of Rollins’ Securities, Financial & Cyber Fraud Unit is prosecuting the case.

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

BOSTON – A Revere man was indicted today in connection with trafficking cocaine base (crack cocaine) and fentanyl as well as using a firearm in furtherance of the crime.

Cesar Rivera, 22, was indicted on one count of possession with intent to distribute 28 grams of cocaine base and fentanyl and one count of possession of a firearm in furtherance of a drug trafficking crime. Rivera has been in federal custody since July 2021.

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

The charge of possession with intent to distribute 28 grams or more of cocaine base and 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 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 judge based on the U.S. Sentencing Guidelines and other statutory factors. 

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 today. 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.

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 Dominican national residing in Boston was indicted by a federal grand jury today on three drug-trafficking charges involving fentanyl.

Luis Sonier Bautista Moreta, 25, was indicted on 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. Bautista was arrested and charged on Nov. 10, 2021 and has remained in custody since that time.

According to the charging documents, a relative of Bautista negotiated two sales of fentanyl to an undercover officer. It is alleged that Bautista handled the sales transactions, which took place on Oct. 22, 2021, at the Home Depot in Attleboro and on Nov. 1, 2021, at a location in Dorchester. The first transaction allegedly involved one kilogram of fentanyl and 6,000 counterfeit pills containing fentanyl and that the second transaction involved an additional kilogram of fentanyl. Additionally, Bautista is alleged to have possessed additional fentanyl at the time of his arrest in Boston.

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 of supervised release and a fine of $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 of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

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.

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.