District of Massachusetts

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

Vincent Dzierwinski, a/k/a “King Vice,” was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 30 months in prison and three years of supervised release. On March 4, 2021, Dzierwinski pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.

As detailed in court filings, the Latin Kings carry disputes and related gang violence into jails and prisons where Latin Kings members are incarcerated. Dzierwinski participated in three violent incidents in Massachusetts Department of Correction facilities from 2016 through 2019, while he was incarcerated on various state court sentences. These incidents involved participating in beatings and multiple incidents where victims were stabbed by other Latin Kings members. Following Dzierwinski’s release from his state court sentences, he has been held in federal custody.

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. Dzierwinski is the 29th 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 Dominican national previously residing in Methuen was sentenced today in federal court in Boston for aggravated identity theft and fraudulent use of a Social Security number.

Manuel Enrique Arias Aguasvivas, 32, was sentenced by U.S. District Court Judge Rya W. Zobel to two years in prison and one year of supervised release. Arias Aguasvivas will be subject to deportation proceedings upon completion of his sentence. On Feb. 17, 2021, Arias Aguasvivas pleaded guilty to one count of aggravated identity theft and one count of false representation of a Social Security number.

On July 2, 2015, Arias Aguasvivas submitted an application to renew his Massachusetts driver’s license in the Lawrence office of the Massachusetts Registry of Motor Vehicles. In so doing, he used the Social Security number and other identifying information of a U.S. citizen.

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

Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General made the announcement today. Valuable assistance was provided by the U.S. Marshals Service, District of Massachusetts; Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Office; U.S. Secret Service; U.S. Postal Inspection Service; U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, Boston; the Massachusetts State Police; and the Massachusetts Office of Inspector General. Assistant U.S. Attorney Robert E. Richardson of Mendell’s Major Crimes Unit prosecuted the case.

BOSTON – The U.S. Attorney’s Office has entered into a consent decree with the City of Quincy to resolve violations of the Clean Water Act regarding the City’s stormwater and sanitary sewer systems. Water sampling indicated untreated sanitary sewage discharging from numerous Quincy stormwater outfalls, including outfalls discharging at beach areas.

The settlement requires Quincy to implement extensive remedial measures to minimize the discharge of sewage and other pollutants into Quincy Bay, Dorchester Bay, Neponset River, Hingham Bay, Boston Harbor and other water bodies in and around Quincy. The cost of the remedial measures is expected to be in excess of $100 million. The City will also pay a civil penalty of $115,000.

Under the proposed consent decree, Quincy will implement a comprehensive and integrated program to investigate, repair and rehabilitate its stormwater and sanitary sewer systems. The proposed settlement is also consistent with U.S. Environmental Protection Agency (EPA) directives to strengthen enforcement of violations of cornerstone environmental statutes in communities disproportionately impacted by pollution, with special focus on achieving remedies with tangible benefits for the community.

“This settlement is a reminder that municipalities must comply with the law and environmental standards to prevent and address pollution caused by defects in their stormwater and sewage systems,” said Acting United States Attorney Nathaniel R. Mendell. “This is a matter of environmental protection and public health.”

“This settlement builds on work done over the past three decades to address pollution in Boston Harbor,” said EPA New England Acting Regional Administrator Deborah Szaro. “The work required under the proposed settlement will achieve cleaner and healthier water in Quincy and nearby areas. This will protect people’s health, making it safer to enjoy beaches or other recreation in or on the bays and rivers in the area.”

In March 2019, the U.S. Attorney’s Office filed a civil complaint alleging that the City of Quincy inadequately controlled sewage leaking from its sanitary sewer system, allowing sewage to mix with stormwater and be discharged from the municipal storm sewer system into nearby waterbodies, including at beach locations. The complaint also alleged that Quincy’s sanitary sewer system has overflowed on numerous occasions, resulting in discharges of sewage.

Raw sewage overflows from sanitary sewers and discharges of stormwater mixed with sewage from municipal storm sewer systems introduce a variety of harmful pollutants, including disease causing organisms, and can contribute to illnesses and beach and shellfish bed closings.

The proposed consent decree establishes a schedule for Quincy to investigate the sources of sewage being discharged from its storm drains. Quincy will first complete its investigations of drainage areas discharging to beach areas, including Wollaston Beach and the Adams Shore area. Quincy will prioritize the rest of the investigations according to the sensitivity of receiving waters and evidence of sewage. The proposed consent decree also requires Quincy to remove all identified sources of sewage as expeditiously as possible. In addition, Quincy is required to conduct frequent and enhanced monitoring (in both dry and wet weather) of its stormwater outfalls. Until pollutants are removed from its storm drain discharges, Quincy will be required to post notices to warn beachgoers of contaminated stormwater at such storm drain outfalls. The remedies under the proposed consent decree also include the investigation and repair of Quincy’s sanitary sewer infrastructure, and the integration of that work with its stormwater investigations.

Some portions of Quincy’s sanitary sewer system are over 100 years old. Numerous studies conducted by Quincy have identified significant and widespread defects in the sanitary sewer system, including cracks that allowed sewage to leak. While Quincy has made some repairs to the sanitary sewer system, the proposed consent decree will require future work to be conducted on a fixed schedule and coordinated with its stormwater investigations. The proposed consent decree requires the City to conduct all investigations and complete remedial work by December 2034.

Acting U.S. Attorney Mendell and EPA Acting Regional Administrator Szaro made the announcement today. The matter was handled by Susan Poswistilo of Mendell’s Civil Division and Senior Counsel David Gordon and Donald Frankel of the Justice Department’s Environment and Natural Resources Division.

More information:

How EPA works to protect water by ensuring compliance with environmental laws and regulations: https://www.epa.gov/enforcement/water-enforcement.

Sanitary Sewer Overflows (SSOs): https://www.epa.gov/npdes/sanitary-sewer-overflow-sso-frequent-questions.

BOSTON – An Oregon biotechnology consultant was sentenced today in federal court in Boston in connection with his role in an insider trading scheme involving the acquisition of a Cambridge biotechnology company in 2017.

Mark Joseph Ahn, 58, of Lake Oswego, Ore., was sentenced by U.S. District Court Judge Richard G. Stearns to six months in prison, six months of home detention, two years of supervised release, a fine of $5,500, forfeiture of $49,421 and restitution to be determined at a later date. On March 2, 2021, Ahn pleaded guilty to two counts of securities fraud.

From April to August 2017, Ahn, a long-time senior corporate executive and board director for biotech companies, worked as a consultant for a New York firm, and advised it during its efforts to acquire Dimension Therapeutics, Inc., a biotech firm formerly headquartered in Cambridge, Mass. In the course of his work for the New York firm, Ahn learned about Dimension’s intention to be acquired by another biotech firm, the details and the timing of his employer’s proposals to acquire Dimension and gained access to confidential information about Dimension’s business. Ahn thereafter bought Dimension stock while in possession of that nonpublic information. When Dimension announced that it would be acquired in August 2017, its stock increased 262% in one day.

The SEC previously filed a separate civil action against Ahn in federal court in Boston.

Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Division made the announcement today. The U.S. Attorney’s Office received valuable assistance from the Securities & Exchange Commission. Assistant U.S. Attorney Kriss Basil of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.

BOSTON – A member of the MS-13 gang pleaded guilty today in federal court in Boston to RICO conspiracy and admitted to his participation in the murders of two teenagers in Massachusetts, one in 2016 in East Boston and the other in 2018 in Lynn.   

Henri Salvador Gutierrez a/k/a “Perverso,” 22, a Salvadorian national, pleaded guilty to racketeering, also known as RICO conspiracy. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Oct. 8, 2021.

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

MS-13 is organized in Massachusetts and elsewhere in smaller groups, known as “cliques,” that operate under the larger mantle of MS-13. Gutierrez was a member of the Sykos Locos Salvatrucha clique of MS-13. Achieving promotion in MS-13 generally requires the commission of a significant act of violence, often including murder. The evidence in this case showed that Gutierrez was a “homeboy” or full member of the MS-13 gang.

In November 2018, Gutierrez and six other MS-13 members were indicted following an investigation into the body of a teenage boy found in a park in Lynn on Aug. 2, 2018. The injuries to the victim’s body indicated that the victim had been stabbed dozens of times. Gutierrez admitted that on or about July 30, 2018, he participated in the murder while a member of the MS-13 gang. Evidence presented in court showed that Gutierrez personally stabbed the victim numerous times and showed that Gutierrez and his co-conspirators committed the murder because they believed that the victim was disloyal to the gang and may have been cooperating with law enforcement. Gutierrez is the 5th defendant in this case to plead guilty and accept responsibility for his participation in the July 2018 murder. 

Gutierrez also admitted that on or about Dec. 24, 2016, while a member of the MS-13 gang, he participated in a separate murder in East Boston of a teenage boy. Among other things, the evidence summarized in court showed that Gutierrez personally stabbed the victim numerous times and that Gutierrez committed the murder because he believed that the victim may have belonged to a rival gang.

The charge of RICO conspiracy involving murder, provides for a sentence of up to life in prison, up to three years of supervised release and a fine of up to $250,000. Gutierrez will also be subject to deportation upon the completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.    

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; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Essex County District Attorney Jonathan Blodgett; Suffolk County District Attorney Rachael Rollins; Acting Boston Police Commissioner Gregory Long; and Lynn Police Chief Michael Mageary made the announcement.

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

BOSTON – A Lawrence man who has been living under a false identity pleaded guilty today in federal court in Boston to charges arising from his use of the name and Social Security number of a U.S. citizen.

An individual referred to as “John Doe” pleaded guilty to false representation of a Social Security number, making a false statement concerning a health care benefit program and aggravated identity theft. U.S. District Court Judge William G. Young scheduled sentencing for Sept. 30, 2021. Doe was indicted by a federal grand jury in June 2020.

Beginning in approximately 2014, Doe used the identity of a U.S. citizen to apply for MassHealth benefits and Massachusetts identification documents, among other things. Between approximately 2014 and 2018, Doe received approximately $25,081 in MassHealth benefits that he was not entitled to.

The charges of false representation of a Social Security number and making a false statement concerning a health care benefit program each provide for a sentence of up to five years in prison, up to three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutively to any other sentence imposed. 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; and Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Mackenzie Duane and Benjamin Saltzman of Mendell’s Major Crimes Unit are prosecuting the case.

BOSTON – A former Boston Police Sergeant and a former officer have agreed to plead guilty in connection with an ongoing investigation of overtime fraud at the Boston Police Department’s (BPD) evidence warehouse. 

Gerard O’Brien, 62, of Braintree, and Diana Lopez, 56, of Milton, have 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. O’Brien is scheduled to plead guilty on June 17, 2021. A plea hearing for Lopez has not yet been scheduled.

In September 2020, O’Brien, Lopez and seven 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 has agreed to plead guilty but a date has not yet been set. Finch pleaded guilty on June 1, 2021 and Baxter is scheduled to plead guilty on June 25, 2021. 

It is alleged that, O’Brien and Lopez submitted false and fraudulent overtime slips for overtime hours that they 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 and Lopez claimed to have worked from 4 – 8 p.m., but they 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, Lopez and, allegedly, others submitted overtime slips claiming to have worked eight-and-one-half hours, when in fact they and, allegedly, other members of the unit, only worked three-to-four hours of those shifts.

From December 2016 through February 2019, O’Brien personally collected approximately $25,930 for overtime hours he did not work. From January 2016 to February 2019, Lopez personally collected approximately $36,018 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 – 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. 

Joseph Nee, 48, of Randolph, 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.

Nee admitted that from at least January 2015 through August 2017, 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, 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, three other officers were charged: former Captain Richard Evans and former Sergeants George Finch and William Baxter. Baxter is scheduled to plead guilty on June 25, 2021 and Finch pleaded guilty on June 1, 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 Chicago man was arrested yesterday and charged with sexual exploitation of children and receipt of child pornography.  

Ernesto Herrera, 32, of Chicago, Ill., was charged by criminal complaint with one count of sexual exploitation of children and one count of receipt of child pornography. Following an initial appearance in federal court in the Northern District of Illinois yesterday, Herrera was detained pending a detention hearing scheduled for Monday, June 7, 2021. He will appear in Boston at a later date.

According to the charging documents, in June 2020, Herrera allegedly threatened and manipulated a Massachusetts minor via Snapchat and text message to make and send videos and images of the victim engaged in sexual conduct, among other things. The investigation determined that the phone number and Snapchat account used to contact the victim belonged to Herrera. A subsequent search of Herrera’s phone revealed that the victim sent over one thousand media files to Herrera’s Snapchat account. Several of those media files allegedly depicted child pornography

The charge of sexual exploitation of children provides a mandatory minimum sentence of 15 years and up to 30 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Emmerson Buie, Jr., Special Agent in Charge of the Federal Bureau of Investigation, Chicago Division; and John R. Lausch, Jr., United States Attorney for the Northern District of Illinois made the announcement today. Assistant U.S. Attorney J. Mackenzie Duane of Mendell’s Major Crimes Unit is prosecuting the case.

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

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 Tyngsborough police officer was indicted yesterday by a federal grand jury on bank fraud and violations of the National Firearms Act (NFA).

Daniel Whitman, 36, of Salisbury, was indicted on one count of bank fraud conspiracy, two counts of bank fraud, two counts of making false statements to a bank, one count of possession of an unregistered firearm, one count of making a firearm in violation of the NFA and one count of transferring a firearm in violation of the NFA. Whitman was previously charged and arrested in January 2021 with conspiracy to violate provisions of the NFA.

According to the charging documents, Whitman is a police officer with the Tyngsborough Police Department and was the owner and principal manager of Hitman Firearms, LLC, a retail gun shop in Tyngsborough. It is alleged that Whitman and co-conspirator Bin Lu sought to build a large indoor shooting range, which would serve regional and international customers, and offer shooting clinics and other services. Whitman and Lu brought in a Chinese investor, who contributed several million dollars to the project. However, in applying for loans from federally insured financial institutions, Whitman allegedly hid the true source of their initial funding from the banks and filed false documents in connection with their loan applications.

It is also alleged that Whitman knowingly made, possessed and transferred firearms that had been modified by the addition of stocks and short barrels, resulting in their classification as short-barreled rifles (SBR) under the NFA. These SBRs were not properly registered in the National Firearms Registration and Transfer Record as required by the NFA, nor did Whitman pay the applicable taxes or fulfill other requirements under the NFA.

In May 2021, Lu agreed to plead guilty to one count of conspiracy to commit bank fraud and one count of possession of an unregistered firearm. A plea hearing is scheduled for June 8, 2021.

The bank fraud charges provide 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 NFA charges provide 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 today. 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 defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Florida man pleaded guilty today in connection with a scheme to defraud his former employer, a Massachusetts-based uniform-supply company, by falsifying invoices.

Richard Ritz, 58, pleaded guilty to one count of conspiracy to commit mail and wire fraud. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Sept. 9, 2021. Ritz was charged on May 4, 2021.

Between approximately 2000 and March 2019, Ritz and others defrauded the uniform-supply company by causing the company to pay fake invoices for products that were not actually delivered and diverting other products that they re-sold for their own benefit. In addition, Ritz’s co-conspirators created a fake supply company and Ritz caused the uniform-supply company to pay more than $800,000 in invoices to the fake supplier for purported products.

The charge of conspiracy to commit mail 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 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. Attorneys Sara Miron Bloom and Ian Stearns of Mendell’s Securities Financial & Cyber Fraud Unit are 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 Chelsea man was arraigned today on an indictment for federal firearms offenses.

Miguel Reyes, 31, was indicted by a federal grand jury on two counts of being a felon in possession of a firearm and ammunition.

According to the charging documents, on Aug. 18, 2020, Reyes was in possession of a Beretta, Model U22, .22 LR caliber pistol and ammunition. On Aug. 26, 2020, Reyes was allegedly in possession of a Glock, model 48, 9 mm pistol, and ammunition. Due to a prior felony conviction, Reyes is prohibited from possessing firearms and ammunition.

The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. 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 Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division. Valuable assistance was provided by the Chelsea Police Department. Assistant U.S. Attorney Benjamin A. Saltzman of Mendell’s Major Crimes 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 indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Worcester-based investment advisor was charged yesterday in federal court in Boston with defrauding his clients by stealing their funds and using them for various purposes, including to pay purported returns to other defrauded investors. 

James Couture, 42, of Sutton, was charged with three counts of wire fraud and one count of aggravated identity theft. Couture will make an initial appearance in federal court at a later date.

As alleged in charging documents, from approximately 2009 to 2020, Couture misappropriated approximately $2.8 million from his clients by transferring funds out of his clients’ accounts for investment in fictitious funds and using the money for other purposes, including to purchase a client list from another investment advisor. Couture also allegedly used client money to pay fake investment returns to other clients he had defrauded. For example, in or about June 2016, Couture allegedly liquidated one client’s variable annuities to fund withdrawals by another client. It is also alleged that in December 2019 and January 2020, Couture sold one client’s mutual funds and raided a 401(k) plan he managed to fund withdrawals by another client, whose assets Couture purported were held in a mutual fund account, when in fact neither the funds nor the account actually existed.

The charges of wire fraud each provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000, or twice the gross gain or loss, whichever is greater. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any sentence imposed. 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; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. The U.S. Securities & Exchange Commission provided valuable assistance with the investigation. Assistant U.S. Attorneys Kriss Basil and Sara Miron Bloom of Mendell’s Securities, Financial & Cyber Fraud Unit are prosecuting the case.

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

BOSTON – A Dominican national was charged last week in connection with trafficking fentanyl.

Ana Checo, 39, was charged on May 27, 2021 by criminal complaint with possession with intent to distribute 400 grams or more of fentanyl. Following an initial appearance in federal court in Boston, Checo was detained pending a detention hearing scheduled for June 3, 2021.

According to the charging documents, in 2019, Checo delivered $58,510 in suspected drug proceeds to an undercover officer. In July 2019, a search warrant at Checo’s residence resulted in the recovery of eight kilograms of fentanyl, one of which also contained valeryl fentanyl, a fentanyl analogue. Four kilograms of tramadol, one kilogram of “2C-B”, a schedule I controlled substance, and $18,325 were also seized. In addition, Checo allegedly possessed approximately 55 kilograms of suspected fentanyl and several thousand dollars at the time of her arrest.

The charge of possession with intent to distribute 400 grams or more of fentanyl provides for a sentence of at least 10 years and up to life in prison, at least five years of supervised release and a fine of up to $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 and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement today. Assistant U.S. Attorneys Katherine Ferguson and Lauren Graber of Mendell’s Narcotics and Money Laundering Unit are 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 former Boston Police Sergeant pleaded guilty today in connection with an ongoing investigation of overtime fraud at the Boston Police Department’s (BPD) evidence warehouse. 

George Finch, 59, of Franklin, 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 Leo T. Sorokin scheduled sentencing for Sept. 16, 2021. Finch was charged on May 13, 2021.

As stated during the plea hearing, members of BPD’s Evidence Control Unit (ECU), were responsible for, among other things, storing, cataloging and retrieving evidence at the warehouse. ECU officers were eligible to earn overtime pay of 1.5 times their regular hourly pay rate for overtime assignments. Finch admitted that between July 2016 and February 2019, 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, Finch admitted that while he had claimed to have worked from 4 – 8 p.m., he and, allegedly, the other members of his unit routinely left at 6 p.m., or earlier. Additionally, Finch knowingly endorsed the fraudulent overtime slips of his subordinates who, allegedly, also left early from this shift. For the “kiosk” shift, Finch and 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.

Between March 2015 and September 2016, Finch submitted false and fraudulent slips for overtime hours that he did not work at the evidence warehouse. As a result, Finch personally collected approximately $11,310 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, three additional officers were charged: former Sergeant Finch, former Captain Richard Evans and former Sergeant William Baxter, who has agreed to plead guilty.

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 Boston Police officer pleaded guilty today in federal court in Boston in connection with committing over $16,000 in overtime fraud while assigned to the Boston Police Department’s evidence warehouse.

Michael Murphy, 61, of Hyde Park, 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. 7, 2021.

In September 2020, Murphy 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, three additional officers were charged: former Captain Richard Evans and former Sergeants George Finch and William Baxter. Baxter has agreed to plead guilty and Finch pleaded guilty today. 

Between September 2016 and February 2019, Murphy 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, Murphy claimed to have worked from 4 – 8 p.m., but he routinely left at 6 p.m., or before. For the kiosk shift, Murphy submitted overtime slips claiming to have worked eight-and-one-half hours, but he only worked three-to-four hours of those shifts.

From 2016 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office 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 – Two Malaysian nationals were sentenced today in federal court in Boston for conspiring to illegally export firearm parts from the United States to Hong Kong.

Lionel Chan, 36, of Brighton, Mass., was sentenced by U.S. Senior District Court Judge Mark L. Wolf to eight months in prison, three years of supervised release and a fine of $10,000. Muhammad Mohd Radzi, 27, of Brooklyn, N.Y., was sentenced by Judge Wolf to five years of probation, with the condition that he leave the United States on or before June 15, 2021 and not return for five years or without a valid visa, and a fine of $10,000. Chan and Radzi each pleaded guilty on Jan. 22, 2021 to conspiring to violate the Arms Export Control Act.

Beginning in or around March 2018, Chan began purchasing a variety of U.S.-origin firearm parts online, including parts used to assemble AR-15 assault rifles and 9MM semi-automatic handguns, for a buyer located in Hong Kong. Many of the firearm parts that Chan purchased and exported to Hong Kong are restricted items that cannot be exported from the United States without a license or approval from the U.S. government. Nonetheless, Chan shipped the firearm parts via Federal Express to the buyer in Hong Kong without first obtaining the necessary export licenses. Chan intentionally concealed the contents of the shipments by providing Federal Express with false information about the shipments, and by concealing the parts inside of each package. Between March and May 2018, Chan shipped at least 12 packages containing firearm parts from Brighton to the buyer in Hong Kong.

In or around April 2018, Radzi joined the conspiracy and also began illegally exporting firearm parts from the United States to Hong Kong. Between May and October 2018, Radzi shipped 21 packages from Brooklyn, N.Y., to the buyer in Hong Kong. In October 2018, two of those packages were intercepted by Hong Kong authorities and found to contain numerous firearms parts, including a firing pin, a gun sight and numerous pistol grips, which were export controlled. Like Chan, Radzi failed to obtain an export license for any of these shipments.

Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigation in Boston; and William Higgins, Special Agent in Charge of the Department of Commerce, Office of Export Enforcement, Boston Field Office made the announcement today. The Massachusetts State Police and U.S. Customs and Border Protection also assisted with the investigation. Assistant U.S. Attorney Jason A. Casey of Mendell’s National Security Unit prosecuted the case.

BOSTON – A Texas woman was indicted by a federal grand jury yesterday in connection with her alleged involvement in a scheme to fraudulently claim COVID-19-related unemployment assistance.

Donna Wasson, 36, of San Antonio, Texas, was indicted on three counts of wire fraud and one count of aggravated identity theft. Wasson was charged in a criminal complaint on April 16, 2021.

According to charging documents, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) created a temporary federal unemployment insurance program called Pandemic Unemployment Assistance (PUA). PUA, administered by the Massachusetts Department of Unemployment Assistance, provides unemployment insurance benefits for individuals who are not eligible for other types of unemployment benefits (e.g., the self-employed, independent contractors, or gig economy workers).

It is alleged that Wasson applied for Massachusetts unemployment benefits despite residing in Texas and receiving unemployment benefits via the Texas Workplace Commission. In addition, Wasson allegedly carried out instructions concerning other fraudulent unemployment claims from a former Massachusetts Department of Unemployment Assistance (DUA) employee, and accessed unemployment claims under multiple stolen identities to fraudulently obtain benefits to which she was not entitled.

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

The investigation is being 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 Nikitas Splagounias, Acting Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Labor Racketeering and Fraud Investigations made the announcement today. Special assistance was provided by the Massachusetts Department of Unemployment Assistance, Program Integrity Unit. Assistant U.S. Attorneys Bill Abely and Dustin Chao of Mendell’s Criminal Division are prosecuting the case.

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

BOSTON – The former bookkeeper of a New Bedford-based seafood company was sentenced yesterday in connection with embezzling nearly $600,000 from her employer. 

Kara Howland, 37, of New Bedford, was sentenced by U.S. District Court Judge Denise J. Casper to 18 months in prison, two years of supervised release and was ordered to pay restitution in the amount of $779,104. On Feb. 3, 2021, Howland pleaded guilty to bank fraud and filing a false tax return.

Between January 2016 and December 2019, Howland embezzled $598,241 from her employer by writing checks from her employer’s bank accounts to pay her credit card bills. Howland altered the company’s internal accounting records to make it appear that the checks were paid to legitimate vendors. Additionally, Howland did not report or include the funds that she embezzled on her federal income tax filings, resulting in a tax loss of $180,863. 

Acting United States Attorney Nathaniel R. Mendell; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Craig A. Marech, Resident Agent in Charge of the Providence Office of the U.S. Secret Service made the announcement today. The New Bedford Police Department also provided assistance. Assistant U.S. Attorney Kristen A. Kearney of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.

BOSTON – An Auburn man pleaded guilty yesterday in federal court in Worcester to filing a false personal tax return.

Stephen Hubley, 64, pleaded guilty to one count of filing a false and fraudulent tax return. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Sept. 17, 2021.

Hubley admitted he failed to report several hundreds of thousands of dollars in income on his 2019 personal tax return.

The charge of filing a false and fraudulent tax return provides for a sentence of up to three years in prison, one year of supervised release, restitution equal to the tax loss as determined the Court 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 and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistant U.S. Attorney John T. Mulcahy of Mendell’s Worcester Branch Office is prosecuting the case.

BOSTON – A woman who conspired with a member of the Fitchburg Chapter of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced yesterday for drug distribution charges.

Sophia Velasquez, 28, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to time served (five days) in prison and three years of supervised release, with three months to be served in home confinement. On Feb. 4, 2021, Velasquez pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute fentanyl.

Velasquez conspired with Dairon Rivera, a/k/a “King Mafia,” to sell 17 grams of fentanyl to a cooperating witness in an audio/video recorded sale that took place in December 2017. 

Rivera pleaded guilty and was sentenced to two years in prison and three years of supervised release on April 1, 2021.

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. Velasquez is the 27th 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; and Commissioner Carol Mici of the Massachusetts Department of Correction 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 – A Rhode Island woman was charged today with sending phishing emails to candidates for political office and others.

Diana Lebeau, 21, of Cranston, R.I., was charged in an Information with attempted unauthorized access to a protected computer. Lebeau will make an initial appearance in federal court in Boston on a later date.

According to the charging document, in or about January 2020, Lebeau sent phishing emails to approximately 22 members of the campaign staff of a candidate for political office. The emails, which purported to be from either the campaign’s managers or one of the campaign’s co-chairs, directed the recipients to put their account credentials into an attached spreadsheet, or to click a link that connected them to a Google Form that solicited the same credentials. Lebeau also allegedly sent several phishing emails to the candidate’s spouse and to others at the spouse’s workplace. The emails, which purported to be either from Microsoft’s “Security Team” or from an employee of the workplace’s technology helpdesk, requested that recipients provide account credentials or other information about their computers by adding it to attached spreadsheets or on a website that mimicked the appearance of the employer’s legitimate website.

In or about March 2020, Lebeau allegedly drafted and sent phishing emails targeting another candidate for political office. The emails, which purported to be from the candidate’s cable and internet provider, contained a false “login link” that the recipient could use to address an issue with his or her account by providing account credentials. Lebeau also impersonated this candidate in online chats with the cable and internet provider, in an attempt to reset and obtain the candidate’s account password.

According to the charging document, Lebeau did not act with financial or political motive or to benefit any foreign government, instrumentality, or agent.

The charge of access without authorization to a protected computer provides for a sentence of up to one year in prison, one year of supervised release, a fine of up to $100,000 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 and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division 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. 

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

BOSTON – Nine men were charged in connection with a wide-ranging drug trafficking conspiracy that that involved dozens of parcels suspected of containing kilograms of cocaine sent from Puerto Rico to various addresses throughout Eastern Massachusetts and Rhode Island. Investigators intercepted eight parcels and seized more than 16 kilograms of cocaine from the mail.

“We allege that the defendants received parcels sent via U.S. Mail from Puerto Rico and containing kilograms of cocaine -- which we allege they then sold here in our communities. That’s illegal and dangerous, of course, and it is an affront to the hard-working public servants in the U.S. Postal Service,” said Acting United States Attorney Nathaniel R. Mendell. “The trafficking conspiracy was detected and dismantled thanks to effective investigative work by the people who protect our mail system and by local and state law enforcement. Those investigators remain on the lookout, and the public should know that people who misuse and abuse public services for criminal schemes can expect to face justice.” 

“Today’s arrests are an example of our commitment and dedication to protect those we serve and to keep our communities safe from illegal drugs and those who seek to harm the public through their continued efforts to break the law,” said Joshua W. McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division. “These defendants allegedly used the mail to transport narcotics from Puerto Rico to Massachusetts and Rhode Island, introducing narcotics into the communities in which we all serve. This conduct will never be tolerated. Winning the battle against illicit drugs is a top priority for the Postal Service and the Inspection Service. Our objectives are to rid the mail of illicit drug trafficking and the associated violence, preserve the integrity of the mail, and, most importantly, provide a safe environment for postal employees and Postal Service customers — the American public.”

As alleged in the charging documents, since February 2020, law enforcement has been investigating a drug trafficking organization operated by Patrick Joseph. Based on a wiretap investigation, it is alleged that Joseph coordinated the transportation of 10-20 kilograms of cocaine at a time from the Dominican Republic to Puerto Rico, and eventually to Massachusetts and Rhode Island via the U.S. Mail. During this investigation, the cocaine seized by investigators was found concealed in two-kilogram quantities inside air fryers and locking cash boxes before being sent through the mail.

Today, investigators seized various firearms, 21 kilograms of cocaine and over $100,000 cash.

The following defendants were arrested and charged by criminal complaint with one count of conspiracy to distribute and to possess with intent to distribute cocaine and cocaine base:

• Patrick Joseph, 39, of Stoughton, Mass.;
• Donald Cue, 36, of Randolph, Mass.;
• Night Menard, 36, of Randolph, Mass.;
• Christian Junior Alvarado-Deleon, 20, of Randolph, Mass.;
• Oscar Nieves-Sosa, 20, a Dominican national residing in Hyde Park, Mass.;
• Stiven Berrio Osorio, 21, a Colombian national residing in Chelsea, Mass.;
• Robert Monteiro, 37, of Brockton, Mass.;
• Patrick Snow, 43, of Harwich, Mass.; and
• Felix Baez-Munoz, 31, of Methuen, Mass., who remains a fugitive at this time.

“The multiple kilos of cocaine intercepted through the combined work of these partner agencies would have, had they reached the streets, fueled despair and violence,” said Massachusetts State Police Colonel Christopher S. Mason. “The message to traffickers should be clear: the postal mail is not a safe route for you to distribute your poison and we will be as vigilant in interdicting that method of transport as we are with all other methods.”

“The Boston Police Department continues to work in partnership with our federal partners to prevent and reduce violence in our communities,” said Superintendent in Chief Gregory Long. “Today's arrests and seizure of firearms and drugs is a testament to the strong working relationships that ultimately resulted in removing dangerous firearms and drugs off the street.

The charge of conspiracy to distribute and to possess with intent to distribute cocaine and cocaine base provides for a sentence of up to 20 years in prison, three years and up to life of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting U.S. Attorney Mendell, USPIS Acting Inspector McCallister, MSP Colonel Mason and Superintendent in Chief Long made the announcement today. The Drug Enforcement Administration, New England Field Division and Homeland Security Investigations in Boston provided valuable assistance with the investigation. Assistant U.S. Attorneys Philip C. Cheng and James E. Arnold of Mendell’s Narcotics and Money Laundering Unit 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.

BOSTON – A Michigan man was sentenced today in federal court in Springfield on firearms charges.

William J. Scott, 32, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 13 months in prison and three years of supervised release. In September 2020, Scott pleaded guilty to receipt and possession of an unregistered firearm, making a false statement or representation with respect to information required to be kept by a Federal Firearms Licensee and making false entries in, failing to make appropriate entries in, and failing to properly maintain records as required.

Scott, who worked for Dark Horse Gunsmithing in South Hadley, Mass., received and possessed a machinegun that fired as a fully automatic weapon. The firearm was not registered in the National Firearms Registration and Transfer Record as required by the National Firearm Act. On April 12, 2016 and July 20, 2016, Scott participated in two straw purchases in which he sold firearms to one individual despite knowing that another person would be the ultimate recipient.  Scott also failed to complete a background check and an over-the-counter Firearms Transaction form. He falsified information on a Firearms Transaction form and failed to log firearms into the Dark Horse Acquisition and Disposition Record, leaving some such firearms potentially untraceable.

Acting United States Attorney Nathaniel R. Mendell and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. Assistant U.S. Attorney Catherine G. Curley of Mendell’s Springfield Branch Office prosecuted the case. 

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

Jose Rodriguez, 34, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 90 months in prison and four years of supervised release. In October 2020, Rodriguez pleaded guilty to distributing and possessing with intent to distribute heroin.

Rodriguez sold heroin on Sept. 19 and 27, 2018 in Holyoke. Rodriguez also possessed and intended to distribute 100 or more grams of heroin on July 6, 2019 in Holyoke. The charges were the result of an investigation into heroin trafficking in Holyoke.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Holyoke Police Chief Manny Febo made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Mendell’s Springfield Branch Office is prosecuting the case.

BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for illegally reentering the United States after deportation.

Antonio Curio-Ruiz, 53, of the Dominican Republic, was sentenced by U.S. District Court Judge Denise J. Casper to one year and one day in prison and three years of supervised release. Curio-Ruiz also faces deportation upon completion of his sentence. On Feb. 3, 2021, Curio-Ruiz pleaded guilty to one count of unlawful reentry of a deported alien. 

Curio-Ruiz was previously deported in December 2007, April 2011 and November 2012.  On Oct. 12, 2017, officers encountered Curio-Ruiz and determined him to be illegally present in the United States.

Acting United States Attorney Nathaniel R. Mendell and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Mendell’s Major Crimes Unit prosecuted the case.

BOSTON – A Dominican national previously residing in Lawrence was sentenced yesterday in federal court in Boston for fentanyl conspiracy charges.

Francis Jimenez Minyetty, 38, was sentenced by U.S. District Court Judge Denise J. Casper to eight years in prison and four years of supervised release. Jimenez Minyetty will be subject to deportation upon completion of his sentence. In October 2020, Jimenez Minyetty pleaded guilty to conspiracy to distribute and possession with intent to distribute 400 grams or more fentanyl, distribution of 40 grams or more of fentanyl, distribution of fentanyl and unlawful reentry of a deported alien.

Investigators conducted a total of seven controlled purchases of fentanyl from Minyetty, who was working with co-defendants Enmanuel Brioso Fabal and Guillermo Aybar-Guerrero. On Nov. 2, 2019, investigators executed a search warrant at a stash house on Jackson Street in Lawrence associated with this drug organization and encountered co-defendant Nieves Guzman, who had a kilogram brick of fentanyl in her purse. At the stash house, investigators also located various drug distribution paraphernalia, including a mixing bowl containing fentanyl, sifters and blenders. In total, Minyetty was responsible for approximately 1,109 grams of fentanyl and 146.6 grams of acetyl fentanyl (a fentanyl analogue). 

On May 12, 2021, Guzman was sentenced by Judge Casper to time served (approximately 18 months in prison). Guzman will be subject to deportation upon completion of her sentence.

Brioso Fabal pleaded guilty on April 7, 2021 and is awaiting sentencing.

Acting United States Attorney Nathaniel R. Mendell and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Assistant U.S. Attorney Lauren Graber of Mendell’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A California insurance and private equity executive was sentenced today in connection with using fraud and bribery to cheat on the ACT exam on behalf of his daughter.

Mark Hauser, 60, of Los Angeles, Calif., was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to two months in prison, three years of supervised release, a fine of $250,000 and 300 hours of community service. In September 2020, Hauser pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud.

Hauser agreed with William “Rick” Singer to pay an amount, ultimately totaling $40,000, to facilitate cheating on his daughter’s ACT exam. As part of the scheme, co-conspirator Mark Riddell traveled to Houston, Texas, where Hauser’s daughter took the exam and purported to proctor the test. Instead, Riddell corrected the answers on the exam after she completed it. Two days later, Singer paid an intermediary, Martin Fox, $25,000, with the understanding that Fox would pass part of the payment on to Niki Williams, the test site administrator who allowed the cheating to occur. Singer also paid Riddell $10,000 for his role in the scheme.

Singer and Riddell have previously pleaded guilty and are cooperating with the government’s investigation. In November 2020, Fox was sentenced by U.S. District Court Judge Indira Talwani to three months in prison and in December 2020 Williams was sentenced by Judge Talwani to one year of probation.

Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Stephen E. Frank and Karin M. Bell of Mendell’s Criminal Division prosecuted the case.

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

BOSTON – A Rhode Island woman was sentenced yesterday for embezzling more than $1 million from her employer and failing to pay more than $260,000 in taxes on those funds. 

Barbara Levy, 50, of Portsmouth, R.I., was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 32 months in prison and two years of supervised release. Levy was also ordered to pay $1,319,849 in restitution, which includes $260,982 in restitution to the Internal Revenue Service (IRS). On Jan. 27, 2021, Levy pleaded guilty to one count of bank fraud and one count of filing a false tax return. 

Levy worked as an office manager at a New Bedford-based company. Between December 2012 and October 2019, Levy forged 1,134 checks to herself from her employer’s bank accounts, totaling $1,058,867, and deposited the funds into her own account or cashed them. Levy hid her scheme by altering monthly bank statements, substituting the names of legitimate purported payees in place of her own name to make it appear as though the checks had been written for a valid purpose. Levy also failed to report the funds she embezzled on her federal income tax returns. 

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement. Assistant U.S. Attorney Kristen A. Kearney of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.

BOSTON – A Nigerian national was charged yesterday in connection with his alleged involvement in multiple criminal schemes, including romance scams targeting the elderly, the submission of fraudulent pandemic-related assistance claims using stolen personally identifiable information and money laundering.

Damilola Adepoju, 29, of Brooklyn, N.Y., was charged in a criminal complaint with wire fraud, conspiracy to commit wire fraud, money laundering and aggravated identity theft. Adepoju made an initial appearance in federal court in Brooklyn and was detained pending a hearing on Thursday, May 27, 2021. Adepoju will make an initial appearance in federal court in Boston at a later date.

According to the charging documents, Adepoju and his co-conspirators submitted fraudulent pandemic-related unemployment claims and applied for disaster-assistance loans to the Small Business Administration using stolen personally identifiable information. In some instances, Adepoju and his co-conspirators allegedly targeted elderly victims through romance scams, taking their personal information and using them to launder the proceeds of the fraudulent schemes. Adepoju also allegedly used a shoe retail business he operated to launder funds, funneling the money to other financial accounts inside and outside the United States. The investigation has identified more than $600,000 in actual or attempted losses to date.

The charges of wire fraud and conspiracy to commit wire fraud provide for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of $250,000. The charge of money laundering provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutively to any other sentenced imposed, one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Nikitas Splagounias, Acting Special Agent in Charge of Department of Labor, Office of Inspector General, Office of Investigations made the announcement. The Massachusetts Department of Unemployment Assistance provided valuable assistance with the investigation. Assistant U.S. Attorney Christopher J. Markham of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.

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

BOSTON – A former North Shore resident was indicted yesterday in connection with allegedly filing fraudulent applications for loans and unemployment benefits to obtain over $660,000 in Paycheck Protection Program (PPP) loan funds and using those funds for personal expenses, including the purchase of an alpaca farm in Vermont.

Dana L. McIntyre, 57, of Grafton, V.T. and previously of Beverly and Essex, Mass., was indicted on four counts of wire fraud and three counts of money laundering. On May 4, 2021, McIntyre was arrested and charged by criminal complaint.

McIntyre is the former owner of Rasta Pasta Pizzeria in Beverly. According to the indictment, in March 2020, McIntyre allegedly used the names of his adult children to submit two fraudulent applications for Economic Injury Disaster Loans (EIDL) for fictitious businesses.  Beginning in April 2020, McIntyre allegedly submitted an application and weekly certifications in order to receive Pandemic Unemployment Assistance (PUA) benefits. On these filings, McIntyre falsely claimed that he was not working or receiving income as a result of the pandemic, while McIntyre in fact was still operating the restaurant and paying himself income from the business. In August 2020 when McIntyre sold the restaurant , he had allegedly received over $17,000 in PUA and related benefits that he was not entitled to receive. 

It is further alleged that, in April 2020, McIntyre submitted a fraudulent application for a PPP loan of over $660,000 through a Small Business Administration approved lender. In the application, McIntyre allegedly inflated information about the pizzeria’s employees and payroll expenses and falsified an official tax form in an effort to qualify the business for a larger loan amount. After receiving a PPP loan of over $660,000, McIntyre allegedly sold the pizzeria and used nearly all the funds to purchase an alpaca farm in Vermont and other personal expenses. 

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 $250,000, or twice the gross gain or loss from the scheme, whichever is greater. The charge of money laundering 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 value of the criminally derived property. 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; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of the Inspector General, Northeast Regional Office made the announcement today. Assistant U.S. Attorneys David M. Holcomb of Mendell’s Securities, Financial & Cyber Fraud Unit and Carol Head of Mendell’s Asset Recovery Unit are prosecuting the case.

Information about allegations of attempted fraud involving COVID-19 can be reported by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) hotline by phone (1-866-720-5721) or via an online reporting form available at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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

BOSTON – A Clinton man previously convicted in federal court of cocaine conspiracy pleaded guilty today to cocaine offenses.  

Emmanuelli Rojas-Moraza, 40, pleaded guilty to one count of possession with intent to distribute 500 grams or more of cocaine and one count of use of a communications facility in connection with a narcotics offense. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Sept. 14, 2021. Rojas-Moraza was indicted in March 2020.

In January 2020, agents seized approximately one kilogram of cocaine inside a package sent from Puerto Rico and addressed to Rojas-Moraza’s residence in Clinton. After picking up the package from the local post office, Rojas-Moraza was arrested and taken into federal custody. During a search of Rojas-Moraza’s residence following his arrest, agents recovered drug packaging tools and materials.

Because Rojas-Moraza has a prior drug conviction, the charge of possession with intent distribute 500 grams of cocaine provides for a sentence of up to 40 years in prison, four years of supervised release and a fine of $5 million. The charge of use of a communications facility provides for a sentence of eight 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Clinton Police Chief Mark R. Laverdure made the announcement today. Assistant U.S. Attorney John T. Mulcahy of Mendell’s Worcester Branch Office is prosecuting the case.

BOSTON – An owner of a New Hampshire asbestos abatement company pleaded guilty yesterday in federal court in Boston to making false statements to employee pension plans. 

Gary McCaffrey, 66, of Salem, N.H., pleaded guilty to one count of making false statements to a pension plan covered by the Employee Retirement Income Security Act. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for Aug. 30, 2021.

McCaffrey and co-defendant Richard Quinn owned and operated Absolute Environmental Inc., an asbestos abatement company. Between November 2014 and May 2017, McCaffrey and Quinn continued to employ several undocumented individuals after being notified of their status. During this time period, McCaffrey and Quinn knowingly falsified reports to pension plans about the work performed by the undocumented individuals, failing to make required pension contributions of over $337,000.

Quinn pleaded guilty on May 3, 2021 and is scheduled to be sentenced on Aug. 30, 2021.

Pursuant to McCaffrey’s plea agreement, the government will recommend a sentence of two years of supervised release, six months of home confinement and a fine of $10,000 to $25,000.

The charging statute 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; Nikitas Splagounias, Acting Special Agent in Charge of the U.S. Department of Labor, Office of the Inspector General, Office of Investigations, Labor Racketeering and Fraud, New York Region; and Carol Hamilton, Boston Regional Director of the Employee Benefits Security Administration made the announcement today. Assistant U.S. Attorney Mark Grady of Mendell’s Public Corruption & Special Prosecutions Unit is prosecuting the case.

BOSTON – A Bulgarian national was sentenced today in connection with a scheme to create counterfeit ATM cards and to withdraw money from the bank accounts of unsuspecting customers.

Georgi Kanev, 33, a Bulgarian national, was sentenced by U.S. District Court Judge Leo T. Sorokin to 30 months in prison and restitution to be determined at a later date. On March 16, 2021, Kanev pleaded guilty to conspiracy to commit access device fraud and aggravated identity theft.

Kanev and a co-conspirator installed skimmers and cameras on two Martha’s Vineyard Savings Bank ATMs over a period of approximately four weeks in July and August 2013. The devices allowed the conspirators to obtain magnetic strip information and PIN numbers from ATM customers. The information was then used to create counterfeit ATM cards to withdraw funds from the compromised accounts.

Acting United States Attorney Nathaniel R. Mendell and Frederick J. Regan, Special Agent in Charge of the U.S. Secret Service, Boston Field Office made the announcement today.  Valuable assistance was provided by the Edgartown Police Department and the Oak Bluffs Police Department. Assistant U.S. Attorney Mackenzie A. Queenin of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.

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

BOSTON – An Ashburnham man was sentenced today in federal court in Worcester for selling firearms on three occasions in 2019 in Fitchburg.

Terrick Bishoff, 40, was sentenced by U.S. District Court Judge Timothy S. Hillman to five years in prison and three years of supervised release. In July 2020, Bishoff pleaded guilty to one count each of unlawful possession or transfer of a machine gun, dealing in firearms without a license and possession of a machinegun without a serial number.

On three separate occasions in 2019, Bishoff sold firearms to a buyer he did not know in Fitchburg. On May 10, 2019, Bishoff sold a Glock-style pistol without a serial number and 54 rounds of 9mm ammunition in exchange for $580. Bishoff told the buyer that the firearm was “untraceable” and that it had been custom made for a silencer. On May 15, 2019, Bishoff again met with the buyer and sold him a machinegun without a serial number and a 25-round magazine. In return, the buyer paid Bishoff $2,500. On June 24, 2019, Bishoff sold the buyer a Glock-style firearm without a serial number and a magazine in exchange for $800. Bishoff told the buyer he was getting what he could before authorities started cracking down on firearms without serial numbers. 

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; 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; Ashburnham Police Chief Lorring Barrett, Jr.; Worcester Police Chief Steven M. Sargent; and Hopkinton Police Chief Joseph Bennett made the announcement. Assistant U.S. Attorneys Michelle L. Dineen Jerrett and Kristen Noto of Mendell’s Worcester Branch Office prosecuted the case.

BOSTON – The former owner of several physical therapy clinics in Greater Boston has been indicted by a federal grand jury on health care fraud charges.

Chang Goo Yoon, 59, a South Korean national residing in Queens, N.Y., was indicted on two counts of health care fraud and one count of aggravated identity theft. Yoon was arrested and charged by criminal complaint in February 2021.

According to charging documents, Yoon was the owner and operator of several physical therapy clinics in Allston, Waltham and Brookline between 2014 and 2018. It is alleged that Yoon billed patients for non-existent physical therapy appointments, including approximately $200,000 in claims billed on dates when Yoon was traveling in South Korea, Los Angeles and Toronto. Yoon also billed $60,000 in claims on dates when he was gambling at casinos including the Golden Nugget in Atlantic City, N.J., MGM Springfield in Massachusetts and Twin River Casino in Lincoln, R.I. Additionally, Yoon submitted approximately $30,000 in physical therapy claims for himself after three automobile accidents. According to the indictment, most of those claims falsely listed one of Yoon’s employees as the servicing physical therapist. The remaining claims allegedly listed Yoon as both the patient and the servicing physical therapist.

The charge of health care fraud 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 aggravated identity theft provides for a mandatory two-year sentence to be served consecutively to any other sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Anthony DiPaolo, Chief of Investigations of the Insurance Fraud Bureau of Massachusetts; and Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service made the announcement today. Assistant U.S. Attorney Elysa Q. Wan of Mendell’s Health Care Fraud Unit is prosecuting the case.

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

BOSTON – A Shrewsbury woman was sentenced today in federal court in Worcester for lying about her role with a Worcester-based employment agency while testifying before a federal grand jury.

Linda Le, 42, was sentenced by U.S. District Court Judge Timothy S. Hillman to two years of probation, with five months to be served in home confinement and a $10,000 fine. On Feb. 5, 2021, Le pleaded guilty to one count of falsely testifying before a grand jury.

In late 2017 and early 2018, Le assisted with the transition of several client companies from one employment agency to UT Services, a Worcester-based employment agency. Thereafter, Le performed various tasks on behalf of UT Services, including reviewing and analyzing client invoices and maintaining a spreadsheet that tracked invoice amounts and profit. Le received cash payments in exchange for her work for UT Services. 

 In May 2018, Le testified before a federal grand jury and falsely stated under oath that she did not know anyone who was involved with UT Services and did not know anything about a specific client company using temporary workers from UT Services. In March 2019, Le testified again before a federal grand jury and falsely stated under oath that she did not know anything about UT Services and that she did not have any role with UT Services. At the time, investigators were conducting an investigation into fraudulent UT Services tax filings and insurance audits.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; 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 today. Assistant U.S. Attorneys Bill Abely, Chief of Mendell’s Major Crimes Unit, and Ian Stearns of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.

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

Emanuel Lopez-Velez, a/k/a “King Manny,” 22, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to five years in prison and three years of supervised release. In August 2020, Lopez-Velez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy

Lopez-Velez admitted that on Sept. 30, 2019, he was one of multiple members of the Latin Kings who confronted and robbed rival gang members and was provided with a firearm to do so by another member of the gang. The Latin Kings members approached one of the rival gang members, surrounded him, pointed a firearm at the victim and demanded the victim’s phone. During the robbery, the victim ran and Lopez-Velez chased the rival gang member firing one shot, hitting the victim in the back. The victim fell to the ground and was transported to the hospital, where he was treated and ultimately survived.

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. Lopez-Velez is the 26th 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.

BOSTON – A former Boston Police Sergeant has been charged and has agreed to plead guilty in connection with an ongoing investigation of overtime fraud at the Boston Police Department’s evidence warehouse. 

William Baxter, 61, of Hyde Park, was charged with one count of conspiracy to commit theft concerning programs receiving federal funds and one count of embezzlement from an agency receiving federal funds. Baxter will make an initial appearance in federal court in Boston at a later date.

According to charging documents, members of Boston Police Department’s (BPD) Evidence Control Unit (ECU), were responsible for, among other things, storing, cataloging and retrieving evidence at the warehouse. ECU officers were eligible to earn overtime pay of 1.5 times their regular hourly pay rate for overtime assignments. It is alleged that, beginning in at least March 2015, members of the ECU routinely departed overtime shifts two or more hours early, and submitted false and fraudulent overtime slips claiming to have worked the entirety of each shift.

One such shift, called “purge” overtime, was focused on reducing the inventory of the evidence warehouse. The shift was supposed to be performed from 4:00 p.m. – 8:00 p.m. on weekdays. According to charging documents, on days during which Baxter and other members of the ECU claimed to have worked until 8:00 p.m., the warehouse was closed, locked and alarmed well before 8:00 p.m., and often at 6:00 p.m. or earlier. Despite this, Baxter and, allegedly, other members of the ECU routinely submitted false and fraudulent overtime slips, claiming to have worked until 8:00 p.m. It is alleged that supervisors such as Baxter, who also left early from this shift, submitted their own false and fraudulent slips and knowingly endorsed the fraudulent overtime slips of their subordinates. 

Another shift, called “kiosk” overtime, occurred once a month on Saturdays and involved collecting materials from kiosks located in each of the city’s police districts and transporting it to an incinerator in Saugus. It is alleged that Baxter and other officers routinely submitted overtime slips claiming to have worked eight-and-one-half hours. However, officers frequently completed the necessary work early, often within four hours, and falsely and fraudulently claimed eight-and-one-half hours.

According to charging documents, between March 2015 and June 2016, Baxter personally collected approximately $9,223 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. 

Baxter is the 12th officer to be charged in the investigation of overtime fraud at the evidence warehouse. In September 2020, nine current and former officers were arrested and charged. Four defendants, including Baxter, have now pleaded guilty or have agreed to do so. 

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. 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 Granby man was sentenced on Friday, May 21, 2021 in federal court in Springfield for child exploitation offenses.

Jonathan Monson, 39, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 40 years in prison and a lifetime of supervised release. In October 2020, Monson was convicted by a federal jury of four counts of sexual exploitation of a minor, eight counts of distribution of child pornography, two counts of receipt of child pornography and one count of possession of child pornography. 

At trial, the evidence established that Monson produced sexually explicit images and videos of a child on four occasions in 2017 and 2018. The images and videos were later found on his cell phone. In addition, in June 2017, Monson distributed additional child pornography files to a group on social media. In fact, Monson was trading child pornography videos on social media at 3:30 in the morning with another user, just a few hours before federal agents executed a search warrant at his home. Agents found additional child pornography files on Monson’s phone as a result of the search.

Acting United States Attorney Nathaniel R. Mendell; Acting United States Attorney for the Northern District of Georgia Kurt R. Erskine; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Granby Police Chief Alan Wishart made the announcement. Assistant U.S. Attorney Alex J. Grant of Mendell’s Springfield Branch Office 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 Chicopee man was sentenced on Friday, May 21, 2021 in federal court in Springfield for drug distribution charges.

Brett Garcia, 33, was sentenced by U.S. District Court Judge Mark G. Mastroianni to five years in prison and four years of supervised release. On Jan. 5, 2021, Garcia pleaded guilty to possession with intent to distribute 100 grams or more of heroin. Specifically, Garcia possessed with intent to distribute 565 grams of a mixture of fentanyl and heroin on Feb. 28, 2020 in Hampden County.

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 Chicopee Police Chief William R. Jebb made the announcement. Assistant U.S. Attorney Todd E. Newhouse of Mendell’s Springfield Branch Office prosecuted the case.

BOSTON – Two members of Primeiro Comando da Massachusetts (PCM), a gang with Brazilian origins, were sentenced on Friday, May 21, 2021 in connection with racketeering, committing armed robberies, and gun and drug trafficking.

Joao Pedro Marques Gama, a/k/a “Bahianinho,” 23, and Vinicius De Assis Goncalves, 23, Brazilian nationals previously residing in Revere, were sentenced by U.S. District Court Judge Patti B. Saris to 54 and 87 months in prison, respectively. Each defendant will face deportation proceedings upon completion of his sentence.

On Dec. 10, 2020, Gama pleaded guilty to conspiracy to conduct enterprise affairs by a pattern of racketeering (also known as RICO conspiracy), conspiracy to commit robbery, conspiracy to distribute cocaine and 28 grams or more of cocaine base, engaging in the business of dealing in firearms and being an alien in possession of a firearm. On Dec. 9, 2020, Goncalves pleaded guilty to RICO conspiracy.

In September 2018, federal agents began investigating members and associates of PCM, which first appeared in Massachusetts in 2017. It is alleged that members and associates of PCM were actively involved in violent crimes including the illegal sale of firearms, drug trafficking, robberies, kidnappings and armed assaults in numerous communities in Massachusetts, including Boston, Malden, Everett, Somerville, Framingham and Peabody, among others.

Gama participated in an armed robbery outside a Brazilian money transfer business in Everett and conspired to commit armed robbery of a drug courier. Gama was also responsible for distributing over 28 grams of crack cocaine and nine firearms, including a sawed-off shotgun.

Goncalves participated in the robbery of a market in Boston, an armed robbery outside a cellphone store in Framingham and the robbery of a car in Marlborough. 

All defendants in the case pleaded guilty to RICO conspiracy and other charges. In February 2021, Judge Saris sentenced co-defendant Breno Henrique DaSilva to nine years in prison, co-defendant Matheus Marley Machado to 27 months in prison, and co-defendants Alvaro Dos Santos and Marcio Costa to four and five years in prison, respectively.

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; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. The Chelsea, Lowell, Malden, Marlborough, Somerville and Weymouth Police Departments and the Middlesex Sheriff’s Office provided assistance with the investigation. Assistant U.S. Attorney Timothy Moran, Deputy Chief of Mendell’s Organized Crime and Gang Unit, and Assistant U.S. Attorney Michael Crowley prosecuted the case.

BOSTON – A Worcester man was arrested and charged yesterday with attempting to fraudulently purchase a Chevrolet Camaro valued at $83,000 using the bank account of an Arizona resident. 

Brandon Brouillard, 27, was charged with one count of bank fraud. Brouillard was detained following an initial appearance yesterday before U.S. District Court Magistrate Judge Marianne B. Bowler.

According to the charging documents, on April 17, 2021, Brouillard arrived at a Chevrolet dealership in Norwood, Mass. to test drive a 2021 Chevrolet Camaro. 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, 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. On April 23, 2021, 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. 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, Moultonborough (N.H.), 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 Taunton man was arrested on Wednesday, May 19, 2021 and charged with possession of child pornography.

Rudy Frabizio, 59, was charged by criminal complaint with one count of possession of child pornography. Frabizio was detained following an initial appearance yesterday in federal court in Boston. U.S. District Court Magistrate Judge Marianne B. Bowler scheduled a probable cause and detention hearing for May 25, 2021.

According to charging documents, during a search of Frabizio’s residence, agents found at least 465 images and videos depicting child pornography. It is also alleged that Frabizio uploaded images depicting child pornography via his Google account. Frabizio is a registered Level 2 sex offender due to an April 2009 conviction for possession of child pornography.

The charge of possession of child pornography provides for a sentence of up to 20 years in prison, five years and up to a lifetime of supervised release and a fine of $250,000. Due to prior his prior conviction, Frabizio faces a minimum mandatory sentence of 10 years in prison if he is convicted. 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 William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. The Taunton Police Department provided valuable assistance with the investigation. Assistant U.S. Attorney Adam Deitch of Mendell’s Major Crimes Unit is prosecuting the case.

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

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 Boston man with ties to the Orchard Park housing development in Roxbury pleaded guilty yesterday in federal court in Boston to drug trafficking charges.

Lyndon Scott, 32, pleaded guilty to possession with intent to distribute cocaine base, being a felon in possession of a firearm and ammunition and possession of a firearm during and in relation to a drug trafficking offense. U.S. District Court Judge Patti B. Saris scheduled sentencing for Sept. 14, 2021. Scott was indicted in October 2019.

In September 2019, investigators conducted a search of Scott’s vehicle and recovered approximately 17 grams of crack cocaine packaged for sale and a Taurus 9 millimeter pistol loaded with 13 rounds of 9 millimeter ammunition from a hidden compartment in the center console of his car. Additional drug trafficking paraphernalia was recovered from Scott’s apartment. At the time of his arrest, Scott was on supervised release for a 2017 federal conviction for cocaine distribution.

The charge of possession with intent to distribute cocaine base provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of possession of a firearm during and in relation to a drug trafficking offense provides for a mandatory minimum sentence of five years and up to life in prison to be served consecutive to any other sentence imposed, up to five years of supervised release and a fine of up to $250,000. Pursuant to Scott’s plea agreement, the government will recommend a sentence of between 117 and 131 months in prison. Sentences are imposed 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; Suffolk County Sheriff Steven W. Tompkins; and Acting Boston Police Commissioner Gregory Long made the announcement today. Assistant U.S. Attorney Christopher Pohl of Mendell’s Narcotics and Money Laundering Unit is prosecuting the case.

BOSTON – A former member of the Boston-based Devon Street Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) was sentenced yesterday on racketeering charges.

Angel Rodriguez, a/k/a “King Ace,” 29, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 44 months in prison and three years of supervised release. On Jan. 5, 2021, Rodriguez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.

Named for its origin on Devon Street in Boston, the Devon Street Kings or D5K Chapter of the Latin Kings, included approximately a dozen members. The Devon Street Kings, in turn, reported to the Massachusetts State Leadership of the Latin Kings, providing information, structure, funds and other resources to further the Latin Kings goals and directives in the state. During the investigation, various meetings were covertly recorded where members of the Devon Street Kings discussed the business of the racketeering enterprise.

Evidence developed during the investigation, including a video depicting Rodriguez bagging up crack cocaine for distribution, proved that Rodriguez conspired with other members and leaders of the Latin Kings to distribute controlled substances. In December 2019, Rodriguez served as Chairman of the Crown Council for the D5K Chapter. The Crown Council is a body that sits independently of the leadership and provides guidance to the leadership team and resolves disputes that arise.

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. Angel Rodriguez is the 25th 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 Boston Police Acting Commissioner Gregory Long 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.

BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for possession with intent to distribute fentanyl.

Jose Villar, 29, was sentenced by U.S. Senior District Court Judge William G. Young to 18 months in prison and four years of supervised release. Villar will face deportation upon completion of his sentence. On Jan. 20, 2021, Villar pleaded guilty to one count of possession with intent to distribute 40 grams or more of fentanyl.

In November 2019, undercover investigators arranged to make a controlled purchase of fentanyl from a drug supplier. When agents arrived to the location, Villar motioned to them to pull over the car. As the agents exited their vehicle, Villar attempted to run, but was quickly apprehended. Agents subsequently seized 88 grams of fentanyl that Villar was observed throwing over a fence.

Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Lawrence Police Chief Roy P. Vasque made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Mendell’s Major Crimes Unit prosecuted the case.

BOSTON – The U.S. Attorney’s Office reached an agreement today with New England Orthopedic Surgeons (NEOS) in Springfield, Mass. to resolve allegations that the practice violated the Americans with Disabilities Act (ADA) by turning away patients who were also being treated for Opioid Use Disorder (OUD).

“The Americans With Disabilities Act protects healthcare access for people under medical treatment for Opioid Use Disorder,” said Acting U.S. Attorney Nathaniel R. Mendell. “Health care providers must comply with the ADA, even when doing so is inconvenient or makes them uncomfortable.”

According to multiple complaints, in 2019, two patients being treated with buprenorphine, a medication used to treat Opioid Use Disorder, sought full-joint replacement from NEOS surgeons. The government found that though NEOS surgeons could have accommodated the patients, they ultimately referred the patients elsewhere because the surgeons were not comfortable with the post-operative pain management protocol needed for patients prescribed buprenorphine, thereby violating the ADA.

Individuals receiving treatment for Opioid Use Disorder are generally considered disabled under the ADA, and denial of a medical procedure because a person is taking a medication to treat a disability, when the medical procedure is still possible for persons taking the medication, violates the ADA.

Under the terms of the agreement, NEOS will, among other things, adopt a non-discrimination policy, provide training on the ADA and Opioid Use Disorder and pay two complainants $15,000 each for pain and suffering.

This matter is part of an ongoing effort by the U.S. Attorney’s Office to enforce Title III of the ADA to eliminate discriminatory barriers to treatment for Opioid Use Disorder. This is the Office’s fifth settlement agreement with healthcare providers since May 2018 resolving allegations of ADA violations arising from Opioid Use Disorder treatment.

This matter was handled by Assistant U.S. Attorney Gregory Dorchak of Mendell’s Civil Rights Unit.

BOSTON – A New Hampshire roofing contractor was charged 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., was charged with one count of filing a false tax return. 

According to the charging documents, McPhail owed more than $700,000 in income taxes to the IRS after he failed to report more than $7.1 million in revenues 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 allegedly 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 $100,000. 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.

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

BOSTON – A Malden woman pleaded guilty last week in connection with a scheme to embezzle more than $795,000 from her employer. 

Kayla Figelski, 32, pleaded guilty to seven counts of bank fraud and one count of aggravated identity theft. U.S. District Court Chief Judge F. Dennis Saylor IV scheduled sentencing for Sept. 15, 2021. Figelski was indicted in January 2020.

Figelski admitted to stealing at least $796,747 from her employer, a law firm in Malden, by forging checks to herself from her employer’s checking accounts, including conservatorship, trust and estate administration accounts her employer maintained for its elderly clients and their estates. Figelski deposited the checks into her own account, from which she withdrew the funds, or directly cashed the checks.   

The charge of bank fraud provides a sentence of up to 30 years in prison, five years of supervised release and a fine of up to $1 million. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed, up to one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and 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 Malden Police Department. Assistant U.S. Attorney Kristen A. Kearney of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.