District of Massachusetts

BOSTON – A Brockton man pleaded guilty yesterday to distributing fentanyl throughout southeastern Massachusetts.

Christian Collins, 19, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl and three counts of distribution of fentanyl. U.S. District Court Judge Patti B. Saris scheduled sentencing for Sept. 28, 2021.

In 2019 and 2020, law enforcement officers conducted an investigation into fentanyl traffickers operating in southeastern Massachusetts. On Dec. 16, 2019, it is alleged that Collins worked with a co-defendant to distribute 20 grams of fentanyl to a cooperating witness and an undercover police officer in Plympton. On Jan. 3, 2020, Collins and a third man sold 10 grams of fentanyl and a Taurus .38 caliber firearm to the same cooperating witness and undercover officer. On Jan. 6 and Jan. 8, 2020, Collins distributed a total of 45 grams of fentanyl to the cooperating witness and undercover officer.

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

Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting 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; John Gibbons, 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 Mendell’s Narcotics and Money Laundering Unit is prosecuting the case.

The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Boston man was sentenced today in federal court in Boston for fentanyl distribution.

Anthony Smallwood, 30, was sentenced by U.S. District Court Judge Richard G. Stearns to seven years in prison and four years of supervised release. In January 2020, Smallwood pleaded guilty to four counts of distribution and possession with intent to distribute 40 grams or more of fentanyl.

Between March and May 2019, Smallwood engaged in four separate drug sales of fentanyl to a cooperating witness. These sales totaled over 230 grams of fentanyl.

Acting United States Attorney Nathaniel R. Mendell; 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. Assistant U.S. Attorney Stephen W. Hassink of Mendell’s Narcotics and Money Laundering Unit prosecuted the case.

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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

Luis Alfredo Baez, 53, of Boston, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 41 months in prison and two years of supervised release. On Feb. 23, 2021, Baez pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 100 grams or more of heroin, 400 grams or more of fentanyl, cocaine, cocaine base, oxycodone and marijuana and one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine.

In May 2019, Baez and two others were charged following an investigation of a drug trafficking organization in and around Brockton and Boston. According to court documents, in 2018, federal and state law enforcement began investigating a Brockton drug crew. That investigation identified Baez, a Boston-based drug dealer who distributed large quantities of cocaine. In June 2019, a federal grand jury returned a 17-count superseding indictment charging Baez and 16 others with controlled substance and firearm offenses. Baez is the eighth defendant to be sentenced in the case.

The charge of conspiracy to distribute and to possess with intent to distribute 100 grams or more of heroin, 400 grams or more of fentanyl, cocaine, cocaine base, oxycodone and marijuana provides for a sentence of up to life in prison, at least three years of supervised release and a fine of up to $10 million. The charge of conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine 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 up to $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorneys Christopher Pohl and Alathea Porter of Mendell’s Narcotics and Money Laundering 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 remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Boston man was sentenced today in federal court in Boston for being a felon in possession of a firearm and ammunition.

Elvis R. Abinader, 22, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to two years in prison and three years of supervised release. On May 13, 2021, Abinader pleaded guilty to one count of being a felon in possession of a firearm and ammunition.

Abinader possessed a Ruger .380 caliber pistol with an obliterated serial number and three rounds of ammunition on June 24, 2019, at Mt. Pleasant Park, a playground in Boston. Federal law prohibits Abinader from possessing a firearm or ammunition due to a prior felony conviction for a narcotics distribution offense.

Acting United States Attorney Nathaniel R. Mendell; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Suffolk County District Attorney Rachael Rollins; and Boston Police Acting Commissioner Gregory Long made the announcement today. Assistant U.S. Attorney James R. Drabick of Mendell’s Criminal Division prosecuted 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 Hingham man was arrested today in connection with a business email compromise (BEC) scheme.

Gustaf Njei, 26, was indicted on two counts of wire fraud, one count of structuring to avoid reporting requirements, one count of unlawful monetary transactions, and one count of money laundering conspiracy. Njei was released on conditions following an initial appearance before U.S. District Court Magistrate Judge Judith G. Dein.

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

It is alleged that, through the use of fraudulent invoices and spoofed email accounts, Njei conspired to trick the victims of the scheme into wiring hundreds of thousands of dollars to a bank account under his control. Njei then allegedly transferred part of the funds to a bank account located overseas, while splitting the remaining funds with a co-conspirator in the United States.

The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000, or twice the gross gain or loss, whichever is greater. The charge of structuring to avoid reporting requirements provides for a sentence of up to five years in prison, three years of supervised release and a fine up to $250,000, or twice the gross gain or loss, whichever is greater. The charge of unlawful monetary transactions provides for a sentence of up to 10 years in prison, three years of supervised release and a fine up to $250,000, or twice the gross gain or loss, whichever is greater. The charge of money laundering conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $500,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney William B. Brady of Mendell’s Criminal Division, and Jordi de Llano, Deputy Chief of Mendell’s Securities, Financial & Cyber Fraud Unit, are prosecuting the case.

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

BOSTON – A Turkish national was arrested today and charged in federal court in Boston in connection with fraudulently having various parts and machine components for the United States military made by a Turkish manufacturer in violation of arms regulations.

Arif Ugur, 52, formerly of Cambridge, Mass., was charged by criminal complaint with one count of wire fraud, one count of violating the Arms Export Control Act and one count of conspiring to violate the Arms Export Control Act. Ugur was arrested today in Virginia and will appear in federal court in Boston at a later date.

The criminal complaint alleges that in approximately May 2015, Ugur founded and was the sole managing partner of the Anatolia Group Limited Partnership (Anatolia), a domestic limited partnership registered in Massachusetts. Beginning in approximately July 2015, Ugur bid on and acquired numerous contracts to supply the U.S. Department of Defense (DOD) with a variety of machine parts and hardware items intended for use by the United States military. Many of these contracts required that the parts be manufactured in the United States. In his initial bids and in subsequent email communications with DOD representatives, it is alleged that Ugur falsely claimed that Anatolia was manufacturing the parts in the United States. In fact, Anatolia and Ugur had no manufacturing facilities in the United States or elsewhere. Instead, Ugur allegedly contracted with a Turkish manufacturer to make the parts and then passed them off to DOD as if they had been manufactured by Anatolia in the United States.

It is further alleged that Ugur shared technical specifications and drawings of various DOD parts and components with employees of the Turkish manufacturer so that they could produce the parts for Anatolia. Ugur also allegedly provided employees of the Turkish manufacturer and other Turkish nationals with access to DOD’s online library of technical specifications and drawings. Many of the parts that Ugur contracted to provide, and did provide to DOD, were designated as defense articles under the International Traffic in Arms Regulations (ITAR) and the United States Munitions List (USML). Thus, an export license was required to export the parts and related technical data (drawings, specifications, etc.) from the United States to Turkey. The complaint alleges that Ugur knew of these restrictions, but nonetheless exported technical data controlled under the ITAR and USML to employees of the Turkish manufacturer without an export license.

The charge of violating the Arms Export Control Act provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $1 million, or twice the gross gain or loss of the offense. The charge of conspiring to violate the Arms Export Control Act 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 wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss of the offense. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Patrick J. Hegarty, Special Agent in Charge of the U.S. Department of Defense, Defense Criminal Investigative Service, Northeast Field Office; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigation in Boston; and William Higgins, Special Agent in Charge of the U.S. Department of Commerce, Boston Field Office made the announcement. Assistant U.S. Attorneys Jason A. Casey and Timothy H. Kistner of Mendell’s National Security Unit are prosecuting the case.

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

BOSTON – A Milton man was sentenced in federal court in Boston today in connection with a scheme involving the use of false identification documents to obtain funds from bank customers’ accounts.  

Fesnel Lafortune, 32, of Milton, was sentenced by U.S. District Court Senior Judge Douglas P. Woodlock to 31 months in prison and five years of supervised release. Lafortune was also ordered to pay approximately $200,000 in restitution. In November 2019, Lafortune pleaded guilty to one count of conspiracy to commit bank fraud and one count of aggravated identity theft.

In April 2017, co-conspirators accessed the account of a Santander Bank customer using fraudulent identification documents and withdrew approximately $350,000 in the form of official bank checks and cash. Lafortune deposited one of these checks, in the amount of $175,500 into a sham business bank account he had opened using a false identity. Within days of depositing the check, Lafortune withdrew nearly $30,000 in cash in three separate transactions at three different bank branches. In June 2017, Lafortune used a second false identity to open business bank accounts in the name of another fictitious entity, into which co-conspirators wired more than $200,000 in fraudulently-obtained funds. The loss to banks and individual bank customers totaled approximately $200,000.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service made the announcement. Assistant U.S. Attorney Leslie A. Wright of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.

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

Natanael Velazquez, a/k/a “King Nael,” 21, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to two years in prison and three years of supervised release. On March 16, 2021, Velazquez 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.

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. Natanael Velazquez is the 33rd defendant to be sentenced in the case.

Acting United States Attorney Nathaniel R. Mendell; 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 New Bedford Police Chief Joseph C. Cordeiro made the announcement today. 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. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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 former Boston Police officer pleaded guilty today in connection with an ongoing investigation of overtime fraud at the Boston Police Department’s (BPD) evidence warehouse. 

Joseph Nee, 48, of Randolph, pleaded guilty to one count of conspiracy to commit theft concerning programs receiving federal funds and one count of embezzlement from an agency receiving federal funds. U.S. District Court Judge Patti B. Saris scheduled sentencing for Sept. 24, 2021. Nee was charged on June 4, 2021.

From at least January 2015 through August 2017, Nee submitted false and fraudulent overtime slips for overtime hours that he did not work for two overtime shifts at the evidence warehouse. The first, called “purge” overtime, was a 4 – 8 p.m. weekday shift intended to dispose of old, unneeded evidence. The second shift, called “kiosk” overtime, involved driving to each police district in Boston one Saturday a month to collect old prescription drugs to be burned.

For the “purge” shift, Nee claimed to have worked from 4 – 8 p.m., but he routinely left at 6 p.m., or earlier. For the “kiosk” shift, Nee submitted overtime slips claiming to have worked eight-and-one-half hours, when in fact he and, allegedly, other members of the unit only worked three-to-four hours of those shifts. As a result, between January 2015 and August 2017, Nee personally collected approximately $12,636 for overtime hours he did not work.

In September 2020, nine Boston Police officers were arrested and charged for their roles in an overtime fraud scheme that is alleged to have collectively embezzled over $250,000 between May 2016 and February 2019. As part of the ongoing investigation, Nee and three additional officers have been charged: former Captain Richard Evans and former Sergeants George Finch and William Baxter. On April 8, 2021, Evans pleaded not guilty. Finch pleaded guilty on June 1, 2021 and Baxter is scheduled to plead guilty on June 25, 2021. 

From 2015 through 2019, BPD received annual benefits from the U.S. Department of Transportation and U.S. Department of Justice in excess of $10,000, which were funded pursuant to numerous federal grants. 

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

Acting United States Attorney Nathaniel R. Mendell; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistance was provided by the Boston Police Department. Assistant U.S. Attorney Mark Grady of Mendell’s Public Corruption & Special Prosecutions 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 Dominican national pleaded guilty yesterday in connection with using the identity of a U.S. citizen at the Massachusetts Registry of Motor Vehicles.

Hector Antonio Cruz Ciprian, 33, a Dominican national previously residing in Lowell, pleaded guilty to one count of false representation of a Social Security number and one count of aggravated identity theft. U.S. Chief District Court Judge F. Dennis Saylor IV scheduled sentencing for Oct. 22, 2021. Cruz Ciprian was arrested in December 2019.

On June 14, 2016, Cruz Ciprian used the identification of a U.S. citizen to apply for an out-of-state driver’s license conversion at the Registry of Motor Vehicles in Haverhill. In the application, Cruz Ciprian provided, among other things, a Social Security card, birth certificate and utility bill in the victim’s name.

The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a two year sentence 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.  

The investigation was conducted by Homeland Security’s Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized field investigative group comprised of personnel from various local, state, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.

Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations made the announcement today. Valuable assistance was provided by the U.S. Department of Health & Human Services, Office of Inspector General; U.S. Postal Inspection Service; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; U.S. Department of State, Diplomatic Security Service; U.S. Department of Housing and Urban Development, Office of Inspector General; U.S. Department of Labor, Office of Inspector General; and the Lynn Police Department. Assistant U.S. Attorney Adam Deitch of Mendell’s Major Crimes Unit is prosecuting the case.

BOSTON – A Dominican national pleaded guilty yesterday in connection with using the identity of a U.S. citizen at the Massachusetts Registry of Motor Vehicles.

Hector Antonio Cruz Ciprian, 33, a Dominican national previously residing in Lowell, pleaded guilty to one count of false representation of a Social Security number and one count of aggravated identity theft. U.S. Chief District Court Judge F. Dennis Saylor IV scheduled sentencing for Oct. 22, 2021. Cruz Ciprian was arrested in December 2019.

On June 14, 2016, Cruz Ciprian used the identification of a U.S. citizen to apply for an out-of-state driver’s license conversion at the Registry of Motor Vehicles in Haverhill. In the application, Cruz Ciprian provided, among other things, a Social Security card, birth certificate and utility bill in the victim’s name.

The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a two year sentence 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.  

The investigation was conducted by Homeland Security’s Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized field investigative group comprised of personnel from various local, state, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.

Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations made the announcement today. Valuable assistance was provided by the U.S. Department of Health & Human Services, Office of Inspector General; U.S. Postal Inspection Service; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; U.S. Department of State, Diplomatic Security Service; U.S. Department of Housing and Urban Development, Office of Inspector General; U.S. Department of Labor, Office of Inspector General; and the Lynn Police Department. Assistant U.S. Attorney Adam Deitch of Mendell’s Major Crimes Unit is prosecuting the case.

BOSTON – A Barnstable man was charged on Tuesday, June 15th in connection with selling three “ghost guns” to an undercover officer.

Jacob Linhares, 34, was charged by criminal complaint with one count of dealing firearms without a federal license. Linhares was detained following a detention hearing yesterday before U.S. District Court Chief Magistrate Judge M. Page Kelley.

According to the criminal complaint, between May 25 and June 10, 2020, Linhares, sold three Privately Made Firearms (PMF) that he had personally fabricated to an undercover officer. PMFs are firearms that are not made by firearm manufacturers; instead, firearm manufactures sell individual buyers firearm parts, and the buyer uses various firearm drilling tools to construct and assemble the parts into a functional firearm. PMFs are also known as “ghost guns” because they are not serialized, and are thus, untraceable.  

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

Acting United States Attorney Nathaniel R. Mendell; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Barnstable County District Attorney Michael D. O’Keefe; Barnstable Police Chief Matthew Sonnabend; and Barnstable County Sheriff James M. Cummings made the announcement. Assistant U.S. Attorney Nicholas Soivilien of Mendell’s Organized Crime and Gang Unit 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.

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

BOSTON – A Worcester man was indicted on Thursday, June 17, 2021 for using two victims’ identities to open a bank account and attempting to purchase an $83,000 Chevrolet Camaro. 

Brandon Brouillard, 27, was indicted on two counts of bank fraud and one count of aggravated identity theft. He is scheduled to be arraigned tomorrow by U.S. District Court Chief Magistrate Judge M. Page Kelley. 

According to the charging documents, in February 2021, Brouillard used the identity of a New Hampshire resident to open a bank account at Avidia Bank. Brouillard allegedly wired $108,000 to the Avidia Bank account from another individual’s Bank of America account.

On April 17, 2021, Brouillard test drove a 2021 Chevrolet Camaro at a dealership in Norwood. After test-driving the Camaro, Brouillard allegedly agreed to purchase it for $83,000 and paid for the vehicle with a cashier’s check made out to the dealership. It is alleged that Brouillard provided his Massachusetts driver’s license, proof of insurance and signed a sales contract and Massachusetts application for registration and car title in connection with the purchase. 

On April 19, 2021, Brouillard allegedly picked up the Camaro from the dealership. A few days later, the dealership learned that the account listed on the bank check provided by Brouillard was frozen. The dealership contacted Brouillard, who allegedly promised that he would wire $83,000 to pay for the car.

On April 26, 2021, an Arizona resident contacted local police and reported an attempted fraudulent wire transfer of $83,000 from the victim’s bank account. The victim reported that a fraudulent email purportedly from the victim was sent to the bank, requesting a wire transfer of $83,000 to pay for the victim’s “brother-in-law’s car.” The bank contacted the victim for verification, and the victim did not approve the transfer. It is alleged that starting in or about September 2020, the victim’s accounts were compromised, and large fraudulent purchases were made and shipped to Brouillard’s address. It is estimated that approximately $500,000 of the victim’s funds were stolen

The charge of bank fraud provides for a sentence of up to 30 years in prison, up to three 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 sentence imposed, 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.

Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Valuable assistance was provided by the Boston, Braintree, Natick, Newton, Norwood, Worcester and Scottsdale (Ariz.) Police Departments. Assistant U.S. Attorney John T. Mulcahy of Mendell’s Worcester Branch Office is prosecuting the case.

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

BOSTON – A Worcester man was arrested and charged today for possession with intent to distribute methamphetamine disguised as counterfeit Adderall pills.

Nestiano Kristo, 20, of Worcester, was charged by criminal complaint with possession with intent to distribute methamphetamine. Following an initial appearance this afternoon before U.S. District Court Chief Magistrate Judge M. Page Kelley, Kristo was detained pending a detention hearing scheduled for June 30, 2021.

According to the charging document, over the course of two months, Kristo allegedly sold significant quantities of counterfeit Adderall pills containing methamphetamine, cocaine and suspected fentanyl to an undercover law enforcement officer. Specifically, on May 10, 2021, Kristo allegedly sold approximately 1,000 counterfeit Adderall pills containing 355 grams of methamphetamine and cocaine to the undercover law enforcement officer. Today, agents recovered over 50,000 suspected counterfeit Adderall pills which are estimated to have a combined weight of over 17 kilograms, approximately one kilogram of suspected cocaine and three firearms, one of which was modified into a fully automatic weapon, from Kristo’s residence.

The charge of possession with intent to distribute methamphetamine provides for a sentence of up to 20 years in prison, a lifetime of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Greg Friedholm of Mendell’s Worcester Branch Unit is prosecuting the case.

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

BOSTON – A Springfield man pleaded guilty in federal court in Springfield today to child pornography offenses.

Ross Lopata, 33, pleaded guilty today to four counts of receipt of child pornography and one count of possession of child pornography. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Nov. 12, 2021. Lopata was indicted in June 2020 and has been in custody since his arrest on June 11, 2020.

Lopata received and possessed child pornography on various dates between Dec. 17, 2018 and June 11, 2020 by downloading image and video files from the internet that depicted prepubescent children engaged in sex acts.

Acting United States Attorney Nathaniel R. Mendell and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Alex J. Grant of Mendell’s Springfield Branch Office is prosecuting the case.

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

BOSTON – A Roxbury man, who was previously convicted of cocaine distribution, was sentenced today for illegal possession of a semiautomatic pistol and ammunition. 

Daiquan Lucas, 28, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 18 months in prison and three years of supervised release. On Jan. 22, 2021, Lucas pleaded guilty to being a felon in possession of a firearm and ammunition.

On June 18, 2020, Lucas possessed a Bryco Arms model 38, .32 auto caliber semiautomatic pistol, loaded with four rounds of .32 caliber ammunition. Due to a 2017 conviction in federal court of distribution of cocaine base, Lucas is prohibited from possessing firearms and ammunition. Lucas was on federal supervised release at the time of this offense.

Acting United States Attorney Nathaniel R. Mendell; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Acting Commissioner Gregory Long made the announcement today. Assistant U.S. Attorney John Dawley of Mendell’s Organized Crime and Gang Unit prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and 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 Pittsfield man was sentenced today in federal court in Springfield for marijuana and tax offenses. 

Jacob Sweener, 31, was sentenced by U.S. District Court Judge Mark G. Mastroianni to three years of supervised release, with the first six months served in home confinement. Sweener was also ordered to pay a fine of $30,000 and restitution of $90,344. On March 19, 2021, Sweener pleaded guilty to one count of conspiracy to distribute marijuana, one count of possession with intent to distribute marijuana and two counts of filing a false tax return.

From 2013 to January 2017, Sweener conspired with others to distribute marijuana. A search of Sweener’s residence on Jan. 10, 2017, resulted in the seizure of 41 pounds of marijuana and over $69,000 in cash. Sweener also filed false income tax returns for tax years 2014 and 2015 by substantially underreporting his income by more than $300,000 and failing to pay more than $90,000 that he owed in federal income taxes. 

Acting United States Attorney Nathaniel R. Mendell; Acting Assistant Attorney General David A. Hubbert of the Department of Justice’s Tax Division; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement today. Assistant U.S. Attorney Alex J. Grant of Mendell’s Springfield Branch Office and Trial Attorney Christopher O’Donnell of the Justice Department’s Tax Division prosecuted the case. 

BOSTON – A Newburyport physician has agreed to resolve allegations that he improperly prescribed opioid controlled substances outside the usual course of his professional practice.

Guido Navarra, M.D., an internist practicing in Newburyport, has agreed to pay $12,500 to resolve allegations that he violated the civil remedies provisions of the Controlled Substances Act.

“Preventing the illegal prescription of drugs is essential to patient safety, particularly during an opioid epidemic,” said Acting United States Attorney Nathaniel R. Mendell. “This settlement is an example of how our office and the DEA work to ensure that doctors prescribe dangerous medications only when legally authorized to do so. We appreciate Dr. Navarra’s cooperation in the government’s investigation and swift resolution of the claims against him.”

“The DEA is committed to ensuring that all registrants are in compliance with the required regulations, which are enforceable through the Controlled Substances Act,” said Special Agent in Charge Brian D. Boyle of the Drug Enforcement Administration, Boston Division. “Failure to do so increases the potential for diversion and jeopardizes public health and public safety. DEA pledges to work with our law enforcement and regulatory partners to ensure these rules and regulations are followed.”

According to the settlement agreement, on two occasions, Dr. Navarra prescribed opioid controlled substances to patients outside the course of his professional practice. In one instance, a urine drug screen had revealed that the patient was taking controlled substances that Dr. Navarra had not prescribed. Dr. Navarra continued to prescribe controlled substances to this patient despite the patient’s positive test result, a basis for discharge from his practice.

In another instance, a patient requested an early refill of a prescription for a controlled substance based on the patient’s assertion that police officers had seized the prescribed medication from her home. Dr. Navarra continued to prescribe controlled substances to this patient for several more months despite the patient’s inability to substantiate the assertion. A urine drug test ultimately revealed this patient’s use of illicit drugs. In both instances, Dr. Navarra prescribed opioid controlled substances outside the usual course of his professional practice.

Acting U.S. Attorney Mendell and DEA SAC Boyle made the announcement today. Assistant U.S. Attorney Evan Panich of Mendell’s Affirmative Civil Enforcement Unit handled the case.

BOSTON – A Kenyan national pleaded guilty today in connection with her role in a fraud conspiracy involving romance scams targeting individuals in the United States.

Florence Mwende Musau, 36, a Kenyan national previously residing in Canton, pleaded guilty to conspiracy to commit wire and bank fraud. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Oct. 14, 2021.

On March 25, 2021, Musau and five others were charged in connection with their roles in online scams that are alleged to have collectively defrauded victims of more than $4 million.

According to the charging documents, Musau participated in a series of romance scams designed to defraud victims into sending money to bank accounts controlled by her and others. Romance scams occur when a criminal adopts a fake online identity to gain a victim’s affection and trust. The scammer then uses the illusion of a romantic or close relationship to manipulate and/or steal from the victim. To carry out the schemes, Musau used fake passports in the names of numerous aliases to open bank accounts in and around Boston to collect and launder the proceeds of the romance scams. She then executed large cash withdrawals from those accounts, often multiple times on a single day and generally structured in amounts less than $10,000, in an effort to evade detection and currency transaction reporting requirements.

The charge of conspiracy to commit wire and bank fraud provide 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.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Jonathan Davidson, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service made the announcement today. Assistant U.S. Attorney Ian Stearns of Mendell’s Securities, Financial & Cyber Fraud 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 Boston man pleaded guilty today in federal court in Boston to illegally possessing a firearm and ammunition. The defendant led police on a car chase before he was apprehended in Chelsea.

Raughn Williams, 23, pleaded guilty to one count of being a felon in possession of a firearm and ammunition. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Oct. 12, 2021. Williams was charged by criminal complaint in October 2020.

On Aug. 10, 2020, a state trooper attempted to pull over a vehicle driven by Williams on Storrow Drive in Boston for a tinted windows violation. Williams refused to pull over, and instead led police on a chase down Storrow Drive and onto the Tobin Bridge. Williams exited the Tobin Bridge into Chelsea, where he crashed the vehicle into two other cars and then fled on foot. Williams was apprehended and a Smith & Wesson .40 caliber handgun loaded with 14 rounds of ammunition was recovered. Federal law prohibits Williams from possessing a firearm or ammunition due to a prior felony conviction.

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. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Kelly D. Brady, 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 Chelsea Police Chief Brian Kyes made the announcement today.

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. PSN is 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 – Two career criminals still on supervised release on previous federal convictions were indicted by a federal grand jury on drug trafficking charges.

Ozair Pereira, 33, of Brockton, and Robert Roscoe, 30, of Boston and Attleboro, were each charged with one count of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl and one count of distribution of fentanyl. Following an initial appearance today before U.S. Chief Magistrate Judge M. Page Kelley, Pereira and Roscoe were detained pending detention hearings scheduled for June 25, 2021 and June 21, 2021, respectively.

According to the indictment, on four occasions in February and March 2021, Pereira and Roscoe conspired with others to distribute over 40 grams of fentanyl. At the time of their involvement in the fentanyl trafficking, Pereira and Roscoe were each on supervised release for separate federal convictions.

In October 2018, Pereira was sentenced to 30 months in prison and three years of supervised release for conspiracy to distribute heroin. At the time of his sentencing, Pereira had two previous convictions for unlawful possession of a firearm.

In December 2019, Roscoe was sentenced to 27 months in prison and three years of supervised release for being a felon in possession of a firearm and ammunition. At the time of his  sentencing, Roscoe had previously been convicted of armed robbery, unlawful possession of a firearm, and assault and battery on a police officer.

Due to Pereira’s previous federal drug trafficking conviction, on the charge of conspiracy to distribute 40 grams of fentanyl, he faces a mandatory minimum sentence of 10 years and up to life in prison, at least eight years of supervised release and a fine of up to $8 million. On the charge of conspiracy to distribute fentanyl and distribution of fentanyl, Roscoe faces 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.

Acting United States Attorney Nathaniel R. Mendell; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Brockton Police Chief Emanuel C. Gomes; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Assistant U.S. Attorney Christopher Pohl of Mendell’s 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 New Bedford man pleaded guilty yesterday to conspiring to distribute large quantities of cocaine.

Jaime Torres, 48, pleaded guilty to one count of conspiring to distribute and to possess with intent to distribute 500 grams or more of cocaine and one count of possession with intent to distribute 500 grams or more of cocaine, 100 grams or more of heroin, 40 grams or more of fentanyl, and five grams or more of methamphetamine. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for Oct. 19, 2021. Torres was charged in December 2019, along with 12 co-defendants.

From at least February 2019 through December 2019, Torres conspired with others to distribute large quantities of cocaine. Investigators intercepted a number of communications between Torres and co-conspirators, including communications on or about June 17, 2019, in which Torres and various co-conspirators agreed to distribute two kilograms of cocaine or more. Later that same day, investigators seized approximately two kilograms of cocaine from Torres’s storage unit, along with 117 grams of a mixture and substance containing heroin, 55 grams of a mixture and substance containing fentanyl and over 43 grams of methamphetamine.

The charging statute for each count 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 up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Joshua McCallister, Acting Inspector in Charge of the United States Postal Inspector Service, Boston Division; and New Bedford Police Chief Joseph C. Cordeiro made the announcement. Assistant U.S. Attorney Craig Estes of Mendell’s Narcotics and Money Laundering Unit is prosecuting the case.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

BOSTON – A Lawrence man was sentenced yesterday in federal court in Boston for distributing and possessing fentanyl.

Yunior Darismir Prandys Torres, 24, was sentenced by U.S. District Court Judge Richard G. Stearns to five years in prison and five years of supervised release. In October 2020, Torres pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute fentanyl, one count of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl and one count of distribution of and possession with intent to distribute fentanyl, aiding and abetting.

Torres was arrested on July 17, 2019 after he participated in the sale of over 20 grams of a substance containing fentanyl to an undercover agent on two occasions in July 2019 in Lawrence.

Torres was indicted as part of a coordinated enforcement operation in the Merrimack Valley dubbed “Devil’s Highway.” The operation targeted the distribution of opioids, including fentanyl and heroin, and resulted in charges against 40 people for federal drug offenses, with at least a dozen more individuals facing state charges.

Acting United States Attorney Nathaniel R. Mendell 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 Drug Enforcement Administration, the Massachusetts State Police, the Lawrence Police Department and the North Andover Police Department. Assistant U.S. Attorney Thomas Kanwit of Mendell’s office prosecuted the case.

BOSTON – A former Enforcer for the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced today on drug charges.

Jeremia Medina, a/k/a “King Sweepy,” 33, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to eight years in prison and three years of supervised release. On March 10, 2021, Medina pleaded guilty to conspiracy to distribute, manufacture and possess with intent to distribute cocaine base.

Medina was a former Enforcer of the New Bedford Chapter of the Latin Kings and conspired with other gang members to distribute, manufacture and possess with intent to distribute cocaine and cocaine base. As Enforcer, Medina was a leader of the New Bedford Chapter charged with organizing violent acts by the gang and administering violations and other violence. Medina also conspired with other Latin Kings members and leaders to operate a vast drug trafficking network throughout New Bedford, using a number of multi-unit apartment buildings controlled by the Latin Kings, known as trap houses. Medina was also recorded on video participating in multiple beatings of individuals targeted by the gang.

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.

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. Medina is the 32nd defendant to be sentenced in the case.

Acting United States Attorney Nathaniel R. Mendell; 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 New Bedford Police Chief Joseph C. Cordeiro 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. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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 former Boston Police Sergeant pleaded guilty today in connection with committing over $25,000 in overtime fraud while assigned to the Boston Police Department’s (BPD) evidence warehouse. 

Gerard O’Brien, 62, of Braintree, pleaded guilty to one count of conspiracy to commit theft concerning programs receiving federal funds and one count of embezzlement from an agency receiving federal funds. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Oct. 28, 2021.

In September 2020, O’Brien and eight other Boston Police officers were arrested and charged for their roles in an overtime fraud scheme that is alleged to have collectively embezzled over $250,000 between May 2016 and February 2019. As part of the ongoing investigation, four additional officers have been charged: former officer Joseph Nee, former Captain Richard Evans and former Sergeants George Finch and William Baxter. Finch pleaded guilty on June 1, 2021. Nee and Baxter are each scheduled to plead guilty on June 22, 2021 and June 25, 2021, respectively. On April 8, 2021, Evans pleaded not guilty.

From December 2016 through February 2019, O’Brien submitted false and fraudulent overtime slips for overtime hours that he did not work for two overtime shifts at the evidence warehouse. The first, called “purge” overtime, was a 4 – 8 p.m. weekday shift intended to dispose of old, unneeded evidence. The second shift, called “kiosk” overtime, involved driving to each police district in Boston one Saturday a month to collect old prescription drugs to be burned.

For the “purge” shift, O’Brien claimed to have worked from 4 – 8 p.m., but he routinely left at 6 p.m., and sometimes earlier. Additionally, O’Brien knowingly endorsed the fraudulent overtime slips of his subordinates who, allegedly, also left early from this shift. For the “kiosk” shift, O’Brien and, allegedly, others submitted overtime slips claiming to have worked eight-and-one-half hours, when in fact he and, allegedly, other members of the unit, only worked three-to-four hours of those shifts.

From December 2016 to February 2019, O’Brien personally collected approximately $25,930 for overtime hours he did not work. 

From 2015 through 2019, BPD received annual benefits from the U.S. Department of Transportation and U.S. Department of Justice in excess of $10,000, which were funded pursuant to numerous federal grants. 

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

Acting United States Attorney Nathaniel R. Mendell; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistance was provided by the Boston Police Department. Assistant U.S. Attorney Mark Grady of Mendell’s Public Corruption & Special Prosecutions 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 former Boston Police officer has been charged and has agreed to plead guilty in connection with an ongoing investigation of overtime fraud at the Boston Police Department’s (BPD) evidence warehouse. 

Craig Smalls, 55, of Roxbury, agreed to plead guilty to one count of conspiracy to commit theft concerning programs receiving federal funds and one count of embezzlement from an agency receiving federal funds. A plea hearing has not yet been scheduled.

Smalls admitted that from at least March 2015 through September 2016, he submitted false and fraudulent overtime slips for overtime hours that he did not work for two overtime shifts at the evidence warehouse. The first, called “purge” overtime, was a 4 – 8 p.m. weekday shift intended to dispose of old, unneeded evidence. The second shift, called “kiosk” overtime, involved driving to each police district in Boston one Saturday a month to collect old prescription drugs to be burned.

For the “purge” shift, Smalls claimed to have worked from 4 – 8 p.m., but he routinely left at 6 p.m., or earlier. For the “kiosk” shift, Smalls submitted overtime slips claiming to have worked eight-and-one-half hours, when in fact he and, allegedly, other members of the unit only worked three-to-four hours of those shifts. As a result, between March 2015 and September 2016, Smalls personally collected approximately $16,252 for overtime hours he did not work.

In September 2020, nine Boston Police officers were arrested and charged for their roles in an overtime fraud scheme that is alleged to have collectively embezzled over $250,000 between May 2016 and February 2019. As part of the ongoing investigation, four additional officers have been charged: former officer Joseph Nee, former Captain Richard Evans and former Sergeants George Finch and William Baxter. Finch pleaded guilty on June 1, 2021. Nee and Baxter are each scheduled to plead guilty on June 22, 2021 and June 25, 2021, respectively. 

From 2015 through 2019, BPD received annual benefits from the U.S. Department of Transportation and U.S. Department of Justice in excess of $10,000, which were funded pursuant to numerous federal grants. 

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

Acting United States Attorney Nathaniel R. Mendell; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistance was provided by the Boston Police Department. Assistant U.S. Attorney Mark Grady of Mendell’s Public Corruption & Special Prosecutions 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 Charlestown man pleaded guilty yesterday to trafficking more than two dozen firearms obtained from a straw purchaser in New Hampshire and illegally possessing multiple firearms.

Charles Baker, 45, pleaded guilty to one count of dealing in firearms without a license and two counts of being a felon in possession of a firearm. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Oct. 26, 2021. Baker was arrested and charged in August 2020.

From August 2018 to May of 2019, Baker acquired over 36 firearms from a straw purchaser in New Hampshire and then resold the firearms to individuals in Massachusetts, taking pictures and negotiating the prices with numerous potential buyers over text message. Many of these firearms were recovered in Massachusetts from gang members and prohibited persons. Based on photographs that proved Baked possessed certain firearms in Massachusetts, he was convicted of specifically possessing multiple firearms that were later trafficked. Due to a prior conviction, Baker is prohibited from possessing firearms and does not possess a federal license to sell firearms.

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

Acting United States Attorney Nathaniel R. Mendell and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division made the announcement. Assistant U.S. Attorney Philip A. Mallard of Mendell’s Organized Crime and Gang Unit is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions 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 former leader of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) pleaded guilty yesterday to racketeering and drug charges. 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. Rodriguez is the 45th defendant to plead guilty in the case.

Jose Rodriguez, a/k/a “King Stutter,” 34, pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine and cocaine base and to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Sept. 22, 2021.

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.

Rodriguez served as Inca, or leader, of the New Bedford Chapter of the Latin Kings. Rodriguez admitted to conspiring with other members of the Latin Kings to distribute controlled substances such as cocaine and cocaine base in New Bedford through a series of “trap houses” or multi-unit apartment buildings controlled by the Latin Kings. Following the murder of a Latin Kings member in October 2019, and while serving as Inca of the New Bedford Chapter, Rodriguez was recorded during a Latin Kings meeting instructing members to attack rival gang members without seeking his specific approval for the acts of violence.

The RICO conspiracy charge provides for a sentence of up to 20 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.

Acting United States Attorney Nathaniel R. Mendell; 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 New Bedford Police Chief Joseph C. Cordeiro made the announcement today. 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. Attorneys Philip A. Mallard and Lauren A. Graber of Mendell’s Criminal Division 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 former Boston Police officer pleaded guilty today in connection with an ongoing investigation of overtime fraud at the Boston Police Department’s (BPD) evidence warehouse.

Diana Lopez, 56, of Milton, pleaded guilty to one count of conspiracy to commit theft concerning programs receiving federal funds and one count of embezzlement from an agency receiving federal funds. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Oct. 21, 2021. 

In September 2020, Lopez and eight other Boston Police officers were arrested and charged for their roles in an overtime fraud scheme that is alleged to have collectively embezzled over $250,000 between May 2016 and February 2019. As part of the ongoing investigation, four additional officers have been charged: former officer Joseph Nee, former Captain Richard Evans and former Sergeants George Finch and William Baxter. Nee is scheduled to plead guilty on June 22, 2021. Finch pleaded guilty on June 1, 2021 and Baxter is scheduled to plead guilty on June 25, 2021. 

Lopez submitted false and fraudulent overtime slips for overtime hours that she did not work for two overtime shifts at the evidence warehouse. The first, called “purge” overtime, was a 4 – 8 p.m. weekday shift intended to dispose of old, unneeded evidence. The second shift, called “kiosk” overtime, involved driving to each police district in Boston one Saturday a month to collect old prescription drugs to be burned.

For the “purge” shift, Lopez claimed to have worked from 4 – 8 p.m., but she routinely left at 6 p.m., and sometimes earlier. For the “kiosk” shift, Lopez and, allegedly, others submitted overtime slips claiming to have worked eight-and-one-half hours, when in fact she and, allegedly, other members of the unit, only worked three-to-four hours of those shifts.

From January 2016 to February 2019, Lopez personally collected approximately $36,028 for overtime hours she did not work. 

From 2015 through 2019, BPD received annual benefits from the U.S. Department of Transportation and U.S. Department of Justice in excess of $10,000, which were funded pursuant to numerous federal grants. 

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

Acting United States Attorney Nathaniel R. Mendell; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistance was provided by the Boston Police Department. Assistant U.S. Attorney Mark Grady of Mendell’s Public Corruption & Special Prosecutions 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 – An East Longmeadow man was convicted by a federal jury yesterday in connection with placing a lit firebomb at the entrance of a Longmeadow senior health care facility in April 2020.

John Rathbun, 37, was convicted following a week-long trial of one count of attempting to transport or receive explosive devices in interstate or foreign commerce with the knowledge or intent that the device will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle or other real or personal property and one count of attempting to maliciously damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Nov. 12, 2021.

“The jury has spoken: Mr. Rathbun is guilty of lighting a firebomb right at the entrance to a Jewish assisted living facility – a cruel and senseless crime,” said Acting United States Attorney Nathaniel R. Mendell. “Thanks to the jury’s verdict and the good work of prosecutors and investigators, the man who targeted vulnerable members of our community will not be a threat to public safety anytime soon.”

“Mr. Rathburn’s dangerous and cruel acts harmed not only the elderly residents of this Jewish assisted living facility, but also the entire community,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.  “I thank the jury, prosecutors, and investigators for their efforts to ensure the defendant was held accountable for his actions.”

“The danger posed by John Rathbun in this case was very real. By trying to ignite a firebomb outside a Jewish assisted living facility, he put the lives of innocent people at risk,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Through the diligent efforts of our Western Massachusetts Joint Terrorism Task Force, and the jury’s hard work, the community is much safer now.”

On Nov. 23, 2020, a federal jury convicted Rathbun of making false statements to a federal agent, but deadlocked on the arson counts, requiring a re-trial. 

On the morning of April 2, 2020, Rathbun assembled, placed, and lit a homemade incendiary device outside the entrance of Jewish Geriatric Services Lifecare, Inc., an assisted living facility in Longmeadow. The device consisted of a five-gallon Scepter fuel canister filled with gasoline and a Christian religious pamphlet as the wick. Forensic analysis identified Rathbun’s DNA on the canister and pamphlet.

On April 15, 2020, Rathbun falsely stated to a federal agent that he was at home on April 2, he was not familiar with the location on Converse Street where the device was placed, and he had not possessed or even seen the fuel canister.

The charge of attempting to transport or receive explosive devices in interstate or foreign commerce with the knowledge or intent that the device will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property 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 attempting to maliciously damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce provides for a mandatory minimum sentence of five years and up to 10 years in prison, three years of supervised release and a fine of $250,000. The false statement charge 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 based upon the U.S. Sentencing Guidelines and other statutory factors.    

Acting U.S. Attorney Mendell, DOJ Civil Rights Division AAG Clarke and FBI Boston SAC Bonavolonta made the announcement. The investigation was led by the FBI’s Western Massachusetts Joint Terrorism Task Force with valuable assistance also provided by the Longmeadow and East Longmeadow Police Departments and the Massachusetts State Police. Assistant U.S. Attorneys Neil L. Desroches and Steven H. Breslow of Mendell’s Springfield Branch Office prosecuted the case. The Justice Department’s Civil Rights Division also assisted with the prosecution. 

BOSTON – A Boston man was sentenced today in federal court in Boston on drug distribution charges.

David A. Wood, 32, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to three years in prison and three years of supervised release, during which time he will be subject to geographic restrictions. In November 2020, Wood pleaded guilty to two counts of distribution and possession with intent to distribute fentanyl, one count of distribution and possession with intent to distribute crack cocaine and one count of possession with intent to distribute fentanyl.

Wood distributed fentanyl in Boston on Nov. 26 and Dec. 3, 2019, distributed crack cocaine on Dec. 10, 2019, and possessed fentanyl with the intent to distribute it on Dec. 19, 2019.

Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today.

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 – The owner of a Revere construction company was sentenced on Thursday, June 10, 2021 on charges of engaging in an under-the-table payroll fraud scheme that defrauded the government of more than $500,000 and insurance carriers of approximately $93,000. 

Ralph Caruso, 72, of Wenham, was sentenced by U.S. Senior District Court Judge George A. O’Toole to three years of probation with the first year to be served in home confinement. Caruso was also ordered to pay restitution of $546,320 to the IRS and $93,430 to workers’ compensation insurance carriers and forfeiture of $93,000. The government recommended a sentence of one year and one day in prison. 

In January 2021, Caruso pleaded guilty to seven counts of filing false tax returns and five counts of mail fraud. 

For tax years 2008 through 2016, Caruso paid wages to his employees via payroll and under-the-table. The employee wages paid through payroll accounts were reported to the IRS and taxes were properly withheld and paid in returns. However, the under-table wages totaled more than $2.2 million, which Caruso did not collect, account for, or pay to the IRS in required withholding and FICA taxes. The cash payments to employees were funded through off-the-books accounts Caruso created and used solely to pay the under-table wages. By failing to pay the required taxes on $2.2 million in wages, Caruso evaded more than $546,000 in federal taxes.

Caruso was also required by state law to carry workers’ compensation insurance. Workers’ compensation premiums were based on an audit of his payroll records to determine actual wages paid. By providing only the payroll records for the wages paid on the books, Caruso underreported the wages for which he owed insurance premiums by more than $93,000.

Acting United States Attorney Nathaniel R. Mendell; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Anthony DiPaolo, Chief of Investigations of the Insurance Fraud Bureau of Massachusetts made the announcement. Assistant U.S. Attorney Victor A. Wild of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.

BOSTON – Two alleged Boston gang members were sentenced this week in federal court in Boston for cocaine conspiracy and firearm charges.

Winston McGhee, 36, of Dorchester, was sentenced yesterday by U.S. District Court Judge Richard G. Stearns to 115 months in prison, six years of supervised release and ordered to pay forfeiture of $24,984.

Eric Davis, 37, of Mattapan, was sentenced on Wednesday, June 9, 2020 by Judge Stearns to 105 months in prison, four years of supervised release and ordered to pay forfeiture of $49,000.

In February 2021, both men pleaded guilty to conspiracy to distribute cocaine and cocaine base and being a felon in possession of a firearm.

In June 2020, Davis and McGhee were charged along with 22 others as part of Operation Snowfall. According to the charging documents, beginning in November 2018, law enforcement conducted an investigation into drug trafficking activities by Boston-based street gang members and associates in the Commonwealth Development in Brighton, Mass., formerly known as Fidelis Way, a multi-apartment public housing development. It is alleged that the defendants, through their drug trafficking activities, assumed control over multiple apartments, where they stored, cooked, packaged and sold drugs. As a result, their activities caused a blight of the development and reduced the quality of life of the other residents.

The investigation also targeted large-scale drug suppliers and their associates. It is alleged that the targets continued to distribute cocaine and cocaine base throughout the COVID-19 pandemic and shutdown. Davis even traveled to California in April 2020 to try to obtain kilograms of cocaine.

At the conclusion of the investigation, law enforcement executed search warrants at Davis’s residence, a hotel room in Canton where Davis was arrested, McGhee’s residence and  a “stash house” and recovered approximately two kilograms of cocaine, firearms, ammunition and nearly $75,000 in cash.

Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; John Gibbons, U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Boston Police Acting Commissioner Gregory Long made the announcement. Assistance with the investigation was provided by the Braintree, Cambridge, Canton, Randolph and Weymouth Police Departments; the Suffolk, Norfolk and Bristol County District Attorneys’ Offices; and the Suffolk, Plymouth and Norfolk County Sheriffs’ Office. Assistant U.S. Attorneys Kaitlin O’Donnell and Timothy Moran of Mendell’s Organized Crime and Gang Unit prosecuted the case.

The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-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 Dominican national pleaded guilty yesterday in federal court in Boston to false statement and Social Security fraud charges.

Juan Baez, 57, who previously resided in Roslindale, pleaded guilty to one count of false representation of a Social Security number and one count of making a false statement relating to health care matters. U.S. District Court Judge William G. Young scheduled sentencing for Oct. 4, 2021.

Baez used the identity of a Puerto Rican citizen to obtain Massachusetts driver’s licenses and identification cards. He also used the identity to apply for and receive MassHealth benefits.  Between Jan. 1, 2008 and Dec. 31, 2019, Baez fraudulently received approximately $18,977 in federally funded MassHealth benefits he was not entitled to by using the victim’s identity.

The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of making a false statement relating to health care matters 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.

Acting United States Attorney Nathaniel R. Mendell; Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Philip M. Coyne, Special Agent in Charge or the U.S. Department of Health and Human Services, Office of the Inspector General, Office of Investigations; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Mendell’s Major Crimes Unit is prosecuting the case.

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

Kevin Guadalupe, a/k/a “King K-Milly,” 19, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to time served (14 days) and three years of supervised release. On March 3, 2021, Guadalupe pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.

Guadalupe participated in an unarmed robbery committed in November 2019 by members of the Latin Kings in New Bedford. During the robbery, which was captured on video, the victim was chased down in the middle of a busy street, thrown to the ground and kicked and beaten by six members of the Latin Kings. At the end of the beating, an item believed to be a wallet or cell phone was taken from the victim’s pants pocket.

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.

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. Guadalupe is the 31st defendant to be sentenced in the case.

Acting United States Attorney Nathaniel R. Mendell; 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 New Bedford Police Chief Joseph C. Cordeiro 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. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.

The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-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 – The former Secretary of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced today on racketeering charges.

Francisco Lopez, a/k/a “King Cisco,” 43, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to nine years in prison and three years of supervised release. In February 2020, Lopez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.

During the course of the investigation, Lopez attended numerous meetings of the Latin Kings State Leadership, and hosted meetings at his residence in Chelsea. During these meetings, crimes of violence and the business of the gang were discussed and decided.

Additionally, Lopez sold over 200 grams of cocaine base to a cooperating witness. During the search of the Lopez’s Chelsea residence in December 2019, 50 grams of fentanyl, 50 grams of heroin and a loaded Glock firearm were recovered.

The Latin Kings are a violent gang 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 criminal organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and is motivated by a desire to further its influence and to protect its turf from rival gangs.

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. Lopez is the 30th defendant to be sentenced in the case.

Acting United States Attorney Nathaniel R. Mendell; 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 New Bedford Police Chief Joseph C. Cordeiro made the announcement today. 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. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.

The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-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 – Fifteen members and associates of a Lowell-based gang, One Family Clique (OFC), have been charged, and 14 were arrested today, for allegedly perpetrating large-scale and long-running drug trafficking and money laundering conspiracies. In the course of the investigation, agents seized or purchased approximately 2.32 kilograms of cocaine, 10.78 kilograms of methamphetamine, 41 grams of fentanyl, 30 grams of MDMA, 513 grams of heroin, $104,396 in cash and three firearms. One defendant remains a fugitive.

As alleged in court documents, in August 2018, law enforcement began investigating OFC in response to a dramatic spike in shootings and gang violence in Lowell. OFC is an alliance between several gangs in and around Lowell with ties to gangs in California and other states. Sarath Yut is the founder and leader of OFC and also a member of the subgroup, Crazy Mob Family gang. In 2018 and 2019, at least 12 incidents of gunfire in the Lowell area are alleged to be attributable to gang-motivated hostilities between OCF and its rivals.

Since at least 2019, Yut, and co-defendants allegedly used the U.S. Postal Service to receive shipments of illegal narcotics, and, in return, to ship cash proceeds to Yut’s sources of supply. It is alleged that Yut maintained stash houses in Lowell, which also served as venues for gang meetings and other events furthering the gang’s illegal activities. In addition, controlled purchases of drugs and a firearm were made from defendants Virak Prum, Peouveasnah Pin and Sambo Buth.

 It is further alleged that, in August 2019, Pin and Buth dealt in counterfeit money, by providing “protection” to a cooperating witness, who purported to purchase $100,000 of counterfeit U.S. currency from an undercover agent. Buth and Pin transferred and delivered the counterfeit currency from Cambridge, Mass. to New Hampshire, where it was received by another undercover agent. In a May 2021 undercover operation, defendants Prum, Pin, Samoeun Kem and Richard Sam, allegedly provided “protection” to a shipment, purportedly of drug money from Europe, from black tar heroin sales. The defendants helped pack a shipment of money into a truck and escorted it from New York to New Hampshire.   

“We allege that leaders and members of the One Family Clique trafficked drugs and firearms, contributing to the kind of violence we all know destroys communities,” said Acting United States Attorney Nathaniel R. Mendell. “The Lowell Police Department is committed to defending its community, so they joined with federal and state law enforcement partners to conduct an investigation that yielded targeted arrests of key people who we allege were promoting drug distribution and violence in Lowell. The residents of Lowell will enjoy a safer summer thanks to the work of investigators and our prosecutors.”

“Operation Street Roulette is another example of how the FBI and our law enforcement partners work together to dismantle large-scale criminal enterprises that endanger our communities. With today’s removal of illegal narcotics, firearms, and these 15 members and associates of One Family Clique from the streets, the citizens of Lowell are immediately safer,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “We believe this crew jeopardized public safety, and steadily poisoned the parts of Lowell they controlled, dealing large quantities of methamphetamine, cocaine, heroin, and fentanyl, while conspiring to launder their profits to hide what they were doing. We will not cede our cities to drug pushers who have absolutely no regard for the harm and violence they bring into our neighborhoods, and the FBI will stop at nothing to investigate, disrupt, and hold accountable those who try to fill the void left by today’s arrests.”

“In August of 2018, when I was appointed as Superintendent, I vowed to stop the violence in our city,” said Lowell Police Superintendent Kelly Richardson. “Knowing that most of the violence stemmed from illegal drug activity, and knowing that many involved had gone underground, I made it a top priority. Without hesitation the FBI, along with our officers, began a deep and protracted investigation that has led to today's arrests. I would like to thank the FBI and our partner investigative agencies for their ingenuity, tenacity and dedication. This investigation highlights the importance of partnerships. It not only strengthened this partnership but also, most importantly, has made this city safer for its residents, students and visitors.”

“Drug trafficking organizations exist for one reason: to make money,” said Ramsey E. Covington, Acting Special Agent in Charge, IRS Criminal Investigation, Boston Field Office.  “By targeting their finances with today’s investigative actions, IRS Criminal Investigation special agents are dismantling these dangerous groups that wreak havoc on our communities.”

“Today’s arrests reflect the ongoing efforts of the U.S. Postal Inspection Service and our law enforcement partners to disrupt Drug Trafficking Organizations in our communities,” said Joshua W. McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division. “Using the U.S. Mail to facilitate drug trafficking and the associated proceeds, will not be tolerated. We will continue to preserve the integrity of the U.S. Mail while also protecting our employees and the American public.”

“DEA is committed to investigating and dismantling violent poly drug trafficking organizations like these operating in the Greater Merrimack Valley area of Massachusetts,” said Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Division. “As we all know, drug trafficking in our communities, along with the gun and physical violence that often accompanies it, is a serious threat to our families and communities. This is unacceptable and will not be allowed to happen. DEA and its local, state and federal partners are dedicated to bringing to justice those that commit these crimes.”

The charge of conspiracy to distribute and to possess with intent to distribute heroin, cocaine base, fentanyl, MDMA, 500 grams or more of cocaine and 500 grams or more of methamphetamine provides for mandatory minimum sentences of five and 10 years and up to life in prison, at least three years and up to life of supervised release, a fine of up to $10 million and forfeiture of assets traceable to the trafficking offenses. The charge of money laundering conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of $500,000, or twice the amount of the property involved, whichever is greater, and forfeiture of assets traceable to the laundering offenses. The charge of dealing in counterfeit obligations and securities provides for a sentence of up to 20 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.

Acting U.S. Attorney Mendell, FBI Boston SAC Bonavolonta, Lowell Police Superintendent Richardson, IRS-CI Acting SAC Covington, USPIS Acting Inspector McCallister and DEA Boston SAC Boyle made the announcement. The investigation was led by the FBI’s Merrimack Valley Transnational Organized Crime Task Force and assistance was provided by the DEA-San Jose Task Force and Long Beach and Santa Clara (California) Police Departments. Assistant U.S. Attorneys Timothy Moran, Fred Wyshak, III, and Alexandra W. Amrhein of Mendell’s Criminal Division are prosecuting the case.

This case 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.

APPENDIX

The following defendants were indicted by a federal grand jury:

1. Sarath Yut, a/k/a “Black,” 34, of Lowell, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine base, fentanyl, MDMA, 500 grams or more of cocaine and 500 grams or more of methamphetamine;
2. Virak Prum, a/k/a “Polo,” 34, of Lowell, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine base, fentanyl, methamphetamine, MDMA and 500 grams or more of cocaine;
3. Peouveasnah Pin, a/k/a “Poe,” 31, of Lowell, was charged with money laundering conspiracy, dealing in counterfeit obligations or securities and conspiracy to distribute and to possess with intent to distribute heroin, cocaine base, fentanyl, methamphetamine, MDMA and 500 grams or more of cocaine;
4. Sambo Buth, a/k/a “Chewy,” 31, of Lowell, was charged with money laundering conspiracy, dealing in counterfeit obligations or securities and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, methamphetamine, MDMA and 40 grams or more of fentanyl;
5. Sambath Lay, a/k/a “G,” 34, of Lowell, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
6. Mark Yin, a/k/a “Markass,” 30 of Lowell, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
7. Christopher Phann, a/k/a “Kree,” 29, of Medford, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
8. Darasy Chhim, a/k/a “Mystickal,” 35, of Lowell, was charged with conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
9. Sriphan Keomany, a/k/a “C-Pon,” 43, of Lowell, was charged with conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
10. Vongnaroth Proeung, a/k/a “Sunny,” 32 of Lowell, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
11. Victory Thorn, 34, of Hudson, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
12. Chomroeun Keo, a/k/a “Shrek,” 38, of Lowell, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
13. Gaius Monteyro, a/k/a “G-Made,” 36 of Lowell, was charged with conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
14. Samoeun Kem, a/k/a “Crazy One,” 35, of Lowell, was charged with money laundering conspiracy; and
15. Richard Sam, a/k/a “Lil Stomper,” 30 of Lowell, was charged with money laundering conspiracy.

BOSTON – A Dominican national pleaded guilty yesterday in federal court in Worcester to identity fraud charges and illegal reentry after deportation.

Pedro Wilson Hernandez-Castillo, 49, pleaded guilty to false representation of a Social Security number, aggravated identity theft and unlawful reentry of a deported alien. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Oct. 1, 2021. Hernandez-Castillo was charged in a superseding indictment in February 2021.

On June 15, 2020, Hernandez-Castillo was stopped by a state trooper while driving and asked to provide his identification. The defendant provided the driver’s license and Social Security card of another individual. After determining that the defendant provided false information, the state trooper arrested Hernandez-Castillo.

Hernandez-Castillo illegally re-entered the United States after being deported in August 2018 following a conviction for possession with intent to distribute cocaine and heroin. Hernandez-Castillo was removed from the United States on four previous occasions: December 1998, June 2000, August 2011 and August 2018. 

The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of unlawful reentry after deportation provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory two-year prison sentence that must run consecutively to any other sentence imposed, up to one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Todd Lyons, Field Office Director of Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Boston; and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement. Valuable assistance was also provided by the Massachusetts State Police. Assistant U.S. Attorney Lucy Sun of Mendell’s Worcester Branch Office is prosecuting the case.

BOSTON – A Dominican national was arrested today for passport fraud.

Gustavo Vallejo, 47, a Dominican national living in Boston, was indicted in April 2021 on one count of making false statements in a United States passport application. Vallejo made his initial appearance today before U.S. Magistrate Judge Judith G. Dein.

According to the charging document, in July 2011, Vallejo allegedly submitted an application for a U.S. Passport using the personal identifying information of a United States citizen.

The charge of false statements in application and use of passport 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.

Acting United States Attorney Nathaniel R. Mendell and Jonathan Davidson, Special Agent in Charge of the U.S. Department of State’s Diplomatic Secret Service, Boston Field Office made the announcement. Assistant U.S. Attorney Charles Dell’Anno of Mendell’s Major Crimes Unit is prosecuting the case.

BOSTON – A Westford man pleaded guilty yesterday in federal court in Boston to conspiring to commit bank fraud and possessing an unregistered firearm.

Bin Lu, 49, pleaded guilty to one count of conspiracy to commit bank fraud and one count of possession of an unregistered firearm before U.S. District Court Judge George A. O’Toole Jr., who scheduled sentencing for Nov. 10, 2021. Lu was arrested and charged in January 2021 with conspiracy to violate provisions of the National Firearms Act (NFA).

According to the charging documents, Lu and, allegedly, co-conspirator Daniel Whitman sought to build a large indoor shooting range, which would serve both regional and international customers, as well as offer shooting clinics and other services. Lu and his co-conspirator brought in a Chinese investor, who contributed several million dollars to the project. However, in applying for loans from federally insured financial institutions, Lu and, allegedly, his co-conspirators hid the true source of their initial funding from the banks and filed false documents in connection with their loan applications.

Lu also possessed a firearm that had been modified by the addition of a folding stock, resulting in its classification as a short-barreled rifle (SBR) under the NFA. The SBR was not registered to Lu in the National Firearms Registration and Transfer Record as required by the NFA.

On June 3, 2021, Whitman was indicted on charges of bank fraud and violations of the NFA and is awaiting trial.

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

Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Jonathan Davidson, Special Agent in Charge of U.S. Department of State’s Diplomatic Security Service, Boston Field Office; Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service in Boston; and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. The Westford Police Department provided special assistance in this case. Assistant U.S. Attorney Eugenia M. Carris, Deputy Chief of Mendell’s Public Corruption & Special Prosecutions 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 North Carolina man pleaded guilty yesterday to conspiring to defraud his former employer, a Massachusetts-based uniform supply company, by falsifying invoices.

Keith Smedley, 49, pleaded guilty to one count of conspiracy to commit mail fraud and wire fraud. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Oct. 12, 2021.

From approximately 1998 to April 2019, Smedley and others defrauded the uniform supply company by causing it to pay fake invoices for products that were not actually delivered, and by diverting other products that they re-sold for their own benefit. In addition, Smedley and his co-conspirators created a fake supply company, and Smedley caused the uniform-supply company to pay thousands of dollars in invoices to the fake supplier for purported products that he knew would never be delivered. 

Smedley is the second former employee of the uniform-supply company to plead guilty in connection with the conspiracy. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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

Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom and Ian Stearns of Mendell’s Securities, Financial & Cyber Fraud Unit are prosecuting the case. 

BOSTON – A New Hampshire roofing contractor pleaded guilty yesterday in federal court in Boston in connection with failing to report income from his roofing and siding business to the Internal Revenue Service (IRS). 

Ronald McPhail, 53, of Windham, N.H., pleaded guilty to one count of filing a false tax return. U.S. Senior District Court Judge George A. O’Toole Jr. scheduled sentencing for Oct. 7, 2021.  

McPhail owed more than $700,000 in income taxes to the IRS after he failed to report more than $7.1 million in revenue and approximately $2.43 million in income from his roofing and siding business on his federal tax returns for tax years 2014 through 2019. To conceal his scheme, McPhail cashed customer checks without first depositing them and withheld information concerning these checks and other business revenues from his tax preparers. 

The charge of filing a false tax return provides for a sentence of up to three 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.

Acting United States Attorney Nathaniel R. Mendell and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorney Seth B. Kosto, Deputy Chief of Mendell’s Securities, Financial & Cyber Fraud Unit, is prosecuting the case.

BOSTON – A New Bedford man pleaded guilty yesterday in federal court in Boston to illegally possessing a Mustang .380 pistol and ammunition.

Victor Morales, 35, pleaded guilty to one count of possessing a firearm and ammunition while being a convicted felon. U.S. District Court Judge Patti B. Saris scheduled sentencing for Sept. 10, 2021. Morales was indicted by a federal grand jury in November 2020.

On approximately July 20, 2020, Morales possessed a Colt MK IV Mustang .380 loaded pistol and 12 rounds of .380 caliber ammunition in his apartment. Federal law prohibits Morales from possessing a firearm or ammunition due to a prior felony conviction.

The charge of being a convicted 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 up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Assistant U.S. Attorneys Kenneth G. Shine and Evan Gotlob of Mendell’s Major Crimes Unit are 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.

BOSTON – A Middleboro financial advisor was arrested and charged today with defrauding elderly clients and stealing retirement assets.

Paul R. McGonigle, 65, was charged with three counts of wire fraud, one count of mail fraud and one count of aggravated identity theft. McGonigle made his appearance today before U.S. District Court Magistrate Judge Donald L. Cabell.

According to the charging document, McGonigle served as a financial advisor for the victims. Beginning in July 2018, 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 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.

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

BOSTON – A Malden woman was sentenced today for stealing Social Security benefits and embezzling over $27,000 from a bank.  

Materesa Jose, 53, was sentenced by U.S. District Court Judge Leo T. Sorokin to time served (one day in prison) and three years of supervised release. Jose also was ordered to pay $27,605 in restitution. On Feb. 9, 2021, Jose pleaded guilty to one count of theft of public funds and one count of bank embezzlement. 

While an employee of Eastern Bank, Jose, through a series of checks and electronic fund transfers, stole approximately $27,605 from the bank between September 2017 and July 2018.  The majority of the stolen funds consisted of Social Security benefits. The account from which she stole the money belonged to an individual who had died in 2015.

Acting United States Attorney Nathaniel R. Mendell; Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Mendell’s Major Crimes Unit prosecuted the case.

BOSTON – A Lawrence resident was sentenced today for sexually exploiting two children under four years of age.

Jakob Nieves, who also goes by the name Dakota, 21, was sentenced by U.S. District Court Judge Denise J. Casper to 30 years in prison and five years of supervised release. In August 2020, Nieves pleaded guilty to two counts of sexual exploitation of children, one count of distribution of child pornography and one count of possession of child pornography.

As part of an investigation into the use of Kik messenger for the trade of child pornography, an undercover agent communicated with Nieves via Kik. During the course of those communications, Nieves told the agent about the ways that she sexually abused two children known to her, and sent the undercover agent images and videos that Nieves had produced, which depicted Nieves sexually abusing one of those children.

On Aug. 14, 2019, when agents searched Nieves’s home, she admitted to distributing images and videos of child pornography to a user she met in a Kik group geared toward individuals interested in pedophilia. Forensic analysis of Nieves’ cell phone revealed pornographic images and videos of two children known to Nieves, both of whom were under the age of four, as well as thousands of child pornography images depicting at least 175 victims personally unknown to Nieves.

Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Anne Paruti, Deputy Chief of the Major Crimes Unit and Mendell’s Project Safe Coordinator, prosecuted the case.

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

BOSTON – A Lawrence man was sentenced yesterday in federal court in Boston for distributing and possessing fentanyl.

Jose A. Ventura, 39, was sentenced by U.S. District Court Judge William G. Young to time served (approximately two months in prison), five months of home confinement and three years of supervised release. In November 2019, Ventura pleaded guilty to one count of distribution of and possession with intent to distribute fentanyl.

On July 16, 2019 in Lawrence, investigators witnessed Ventura sell approximately 10 grams of fentanyl in a street-level drug transaction. When investigators subsequently approached Ventura, he threw five additional bags of fentanyl on the ground. The total amount of fentanyl attributable to Ventura was nearly 15 grams.

Ventura was indicted as part of a coordinated enforcement operation in the Merrimack Valley dubbed “Devil’s Highway.” The operation targeted the distribution of opioids, including fentanyl and heroin, and resulted in charges against 40 people for federal drug offenses, with at least a dozen more individuals facing state charges.

Acting United States Attorney Nathaniel R. Mendell 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 Drug Enforcement Administration, the Massachusetts State Police, the Lawrence Police Department and the North Andover Police Department. Assistant U.S. Attorney Lindsey Weinstein of Mendell’s Narcotics & Money Laundering Unit prosecuted the case.

BOSTON – A New Jersey man was found guilty by a federal jury in Boston on Friday, June 4, 2021 in connection with attempting to retrieve narcotics from two Stoughton storage units.

Carlos Miguel Concepcion-Guilam, 30, was convicted following a three-day trial of one count of attempted possession with intent to distribute 400 grams or more of fentanyl. U.S. District Court Judge William G. Young scheduled sentencing for Oct. 5, 2021.

On June 19, 2019, staff at a storage facility in Stoughton opened a storage unit to auction its contents and found drug paraphernalia inside. During a search of that unit and a second, related storage unit, nearly two kilograms of fentanyl, nearly a kilogram of cocaine and drug-distribution paraphernalia including cutting agents, blenders and packaging materials were recovered. Agents began surveilling the units to identify the owner of the drugs.

On June 20, 2019, Concepcion-Guilam arrived at the storage facility and opened the door to the unit that previously had contained nearly three kilograms of narcotics. After seeing that the drugs had been seized, he sprinted away from the storage facility and attempted to flee in his vehicle. Concepcion-Guilam deliberately crashed his vehicle into a marked police cruiser before he was arrested.

The charge of attempted possession with intent to distribute 400 grams or more of fentanyl provides for a mandatory minimum sentence of 10 years and up to a lifetime in prison, five years and up to a lifetime of supervised release and a fine of $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Stoughton Police Chief Donna McNamara made the announcement today. Special assistance was provided by the Massachusetts State Police. Assistant U.S. Attorneys Stephen Hassink, Lauren Graber and Benjamin Tolkoff of Mendell’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A Guatemalan national was indicted today in federal court in Boston with illegal reentry after deportation.

Franklin Vasquez Ramirez, 39, was charged with one count of unlawful reentry of a deported alien. Ramirez will make an initial appearance in Boston at a later date.

According to the indictment, in December 2020, law enforcement encountered Ramirez in Ashland and determined him to be illegally present in the United States. Ramirez was previously deported in November 2010.

The charge of unlawful reentry of a deported alien provides for a sentence of up to 10 years in prison, three years of supervised released and a fine of up to $250,000. Ramirez will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations; 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 Benjamin A. Saltzman of Mendell’s Major Crimes Unit is prosecuting the case.

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

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

Michael Cotto, a/k/a “King Gordo,” 26, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 54 months in prison and three years of supervised release. On Jan. 21, 2021, Cotto 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.

Cotto, a former member of the New Bedford Chapter, admitted to his role in the drug distribution activity of the Latin Kings in New Bedford, and a variety of violent acts committed in furtherance of the Latin Kings. This includes a February 2018 beating, known as a “termination,” of an individual who was suspected of cooperating with law enforcement. The victim was found by police bleeding from his injuries and transported to the hospital. 

Cotto also admitted to conspiring in August 2018 to “terminate” a leader of the Fitchburg Chapter who was suspected of cooperating with law enforcement. On intercepted phone calls, Cotto discussed an elaborate ruse to trick this leader into attending a meeting at which he would be ambushed and beaten by other Latin Kings members.

In a December 2018 surveillance video, Cotto was captured participating in a group assault of another individual and observed striking the victim with a baseball bat.

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. Cotto is the 28th defendant to be sentenced in the case.

Acting United States Attorney Nathaniel R. Mendell; 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 New Bedford Police Chief Joseph C. Cordeiro made the announcement today. 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. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.

This case 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.