District of Massachusetts

BOSTON – United States Attorney Andrew E. Lelling announced today that, effective February 28, 2021, he will step down as United States Attorney for the District of Massachusetts.  Mr. Lelling tendered his resignation to the President of the United States earlier this week.

Today’s announcement marks the end of Mr. Lelling’s 20-year career in the Department of Justice, starting in 2001 as a senior official in the Civil Rights Division, followed by positions as a federal prosecutor in the U.S. Attorney’s Offices for the Eastern District of Virginia and, since 2005, for the District of Massachusetts.  In September 2017, with the support of Senators Elizabeth Warren and Edward Markey, President Donald J. Trump nominated Mr. Lelling for the position of United States Attorney. In December 2017, the United States Senate voted unanimously to confirm him.

“It has been an honor to lead this office,” said Lelling. “Over the last 15 years, I have had the privilege of working not only with the best federal prosecutors in the country, but with the federal, state and local law enforcement officers who put themselves at risk to keep Massachusetts safe.  My goal as U.S. Attorney has been to do this job without fear or outside influence, and to make clear that everyone – regardless of wealth, status, or position of authority – will be treated the same under the law.  Massachusetts deserves nothing less.”

Under Mr. Lelling’s leadership, the U.S. Attorney’s Office brought successful, high impact cases in a number of areas. 

• The office launched the most significant federal enforcement action in U.S. history targeting corruption in college admissions, an effort that sparked a national conversation on fairness and equality in the admissions process.  Fifty-six people were charged in the college admissions case, 42 of whom have been convicted to date.

• In the first federal racketeering case targeting senior corporate executives for their role in exacerbating the opioid epidemic, in 2019, seven senior executives of Insys Therapeutics, Inc., including its CEO, John Kapoor, were convicted at trial.

• Lelling spearheaded a nationally recognized anti-opioid media campaign focused on preventing first time use, especially among teens. The campaign used social media and nontraditional platforms with targeted messaging developed using focus groups of teens and others. It was first of its kind in the country and reached millions of people in the Commonwealth and beyond. 

• In a push to tackle public corruption in the Commonwealth, since late 2017, under Lelling’s leadership the office has charged: 11 current and former members of the Massachusetts State Police and 10 current and former members of the Boston Police Department for fraudulent overtime practices and other corruption; State Representative David Nangle for alleged fraud; and a state district court judge for alleged obstruction of justice.

• Continuing the office’s longstanding role as a leader in national healthcare enforcement, since late 2017 the office’s civil prosecutors have recovered nearly $1 billion from major pharmaceutical companies for violations of civil anti-kickback laws.

• Leading a coordinated group of federal, state and local law enforcement agencies, the U.S. Attorney’s Office prioritized rooting out drug trafficking and violent offenders in Lawrence, Mass., a city in which crime has dropped 46% in the last two years.

• Since late 2017, Lelling’s gang and organized crime prosecutors have convicted dozens of members of the violent transnational gang MS-13, and indicted more than 70 members of the Latin Kings gang, substantially dismantling both gangs in Massachusetts.

Under Lelling’s leadership, the U.S. Attorney’s Office was also a national leader in federal civil rights enforcement:

• The Office’s “pattern and practice” investigation of the Springfield Police Department was the only such investigation opened in the country under the Trump administration. 

• During Lelling’s tenure, the Boston U.S. Attorney’s Office was the only one to use the Americans with Disabilities Act to require nursing facilities and county jails to provide medically assisted treatment to recovering addicts. 

• Lelling’s office continues to pursue a federal civil rights investigation of allegations of mismanagement and neglect at the Holyoke Soldiers’ Home during the pandemic, a situation that resulted in the deaths of over 75 elderly veterans.

• Lelling’s office continues to negotiate with the Massachusetts Department of Correction to improve treatment of inmates requiring mental health treatment and reduce the use of restrictive housing.

Mr. Lelling added, “This is a unique and powerful job – there is no flesh-and-blood client, but only an unshakable obligation to be fair and to work in the public interest.  I know that my colleagues, in the U.S. Attorney’s Office and in the law enforcement agencies we work with, share my belief that this is a calling.  I look forward to new challenges in the years ahead, but I will miss the sense of mission that comes with working for the U.S. Department of Justice.”

Following Lelling’s departure, First Assistant U.S. Attorney Nathaniel R. Mendell will assume the role of Acting U.S. Attorney.

BOSTON – A former U.S. Postal Service mail carrier was arrested today and charged with stealing mail.

Brian Thibodeau, 48, was indicted on one count of theft of mail by an employee of the U.S. Postal Service. Thibodeau was released on conditions following an initial appearance before U.S. Magistrate Judge Marianne B. Bowler.

Beginning in 2001, Thibodeau worked for many years as a letter carrier in the Saugus Post Office. It is alleged that, in 2020, Thibodeau stole customers’ gift cards sent in the mail and spent them for his personal use. Thibodeau admitted to stealing approximately $2,000 worth of gift cards from postal customers on his route. 

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

United States Attorney Andrew E. Lelling and Matthew Modafferi, Inspector in Charge of the United States Postal Service Office of Inspector General, Northeast Area Office made the announcement today. Assistant U.S. Attorney Eugenia M. Carris, Deputy Chief of Lelling’s Public Corruption & Special Prosecutions Unit is prosecuting the case.

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

BOSTON – A Natick man was charged in a superseding indictment today in connection with fentanyl trafficking resulting in the death of a 24-year old woman in Natick in November 2019.

Rafael Ashworth, 27, was charged in a superseding indictment on one count of distribution of and possession with intent to distribute fentanyl resulting in death and one count of possession with intent to distribute 40 grams or more of fentanyl, 50 grams or more of methamphetamine and heroin. Ashworth was initially indicted on Dec. 18, 2019. He was arrested by state authorities on Nov. 17, 2019 and has been in custody since.      

According to court documents, after responding to a report of an overdose death at Ashworth’s apartment, police found Ashworth with approximately 100 grams of a substance containing fentanyl, methamphetamine, and heroin along with other paraphernalia associated with drug packaging and distribution. Police also found a deceased woman in the apartment, who is believed to have died from a fentanyl overdose.       

The charge of possession with intent to distribute more than 40 grams of fentanyl, 50 grams or more of methamphetamine, and heroin carries a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charge of distribution of and possession with intent to distribute fentanyl resulting in death carries a mandatory minimum sentence of 20 years and up to life in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement today.  Special assistance was provided by the Natick Police Department and the Massachusetts State Police. Assistant U.S. Attorneys Leah Foley and Stephen Hassink of Lelling’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 Dominican national pleaded guilty today in federal court in Boston to theft of public money and making a false statement on an application for Social Security benefits. 

Rafael Bautista Abreu, 63, formerly of Lynn, pleaded guilty to theft of public money and making a false statement on an application for Social Security benefits. U.S. District Court Judge George A. O’Toole scheduled sentencing for June 10, 2021.

Bautista Abreu used the identity of a Puerto Rican citizen to apply for Social Security benefits and Supplemental Nutrition Assistance Program (SNAP) benefits, formerly known as Food Stamps. From September 2009 through July 2016, Bautista Abreu fraudulently received $12,222 in Food Stamps by using the stolen identity. He also received $16,080 in federally-funded MassHealth benefits from October 2008 through July 2016.

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

United States Attorney Andrew E. Lelling; Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON – A Dominican national was arrested yesterday on charges of fraudulently using someone else’s Social Security number.

Mariana Rosmely Aguasviva, 38, who previously resided in Lawrence, was indicted on one count of false representation of a Social Security number and one count of aggravated identity theft. She was detained following an initial appearance before U.S. Magistrate Judge Donald L. Cabell pending a detention hearing scheduled for Feb. 12, 2021.

According to the indictment, Aguasviva fraudulently used a Social Security number that was assigned to someone else in an application at the Massachusetts Registry of Motor Vehicles in 2016.

The case is the result of an investigation conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force, a specialized investigative group comprised of 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.

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

United States Attorney Andrew E. Lelling; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division made the announcement today. Valuable assistance was provided by the Massachusetts State Police; U.S. Department of State, Diplomatic Security Service; U.S. Health and Human Services, Office of Inspector General; the Billerica Police Department and the Lawrence Police Department. Assistant U.S. Attorney Fred M. Wyshak, III, of Lelling’s Criminal Division, is prosecuting the case.

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

BOSTON – A Dominican national was arrested yesterday and charged in connection with fraudulently using another person’s Social Security number.

Manuel Maria German Familia, 30, who previously resided in Lawrence, was indicted on one count of false representation of a Social Security number and one count of aggravated identity theft.  He was detained following an initial appearance before U.S. Magistrate Judge Jennifer C. Boal pending a detention hearing scheduled for Feb. 12, 2021.

According to the indictment, German Familia fraudulently used a Social Security number that was assigned to someone else in an application at the Massachusetts Registry of Motor Vehicles in 2016.

The case is the result of an investigation conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force, a specialized investigative group comprised of 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.

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

United States Attorney Andrew E. Lelling; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division made the announcement today. Valuable assistance was provided by the Massachusetts State Police; U.S. Department of State, Diplomatic Security Service; U.S. Health and Human Services, Office of Inspector General; the Billerica Police Department and the Lawrence Police Department. Assistant U.S. Attorney Fred M. Wyshak, III, of Lelling’s Criminal Division, is prosecuting the case.

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

BOSTON – A former senior executive at TPG Capital, a global private equity firm, pleaded guilty today in connection with his involvement in the college admissions case. 

William E. McGlashan, Jr., 57, pleaded guilty to one count of wire fraud and honest services wire fraud. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for May 12, 2021. McGlashan was charged in March 2019.

McGlashan, the former managing partner of TPG Growth and co-founder of The Rise Fund, admitted to his role in a scheme to defraud ACT, Inc. by paying William “Rick” Singer to bribe Igor Dvorskiy, a corrupt test administrator, to allow Mark Riddell, a corrupt test “proctor,” to secretly correct McGlashan’s son’s exam answers to obtain a fraudulently inflated score. As a result, McGlashan’s son received a fraudulent ACT score of 34. McGlashan made a purported donation of $50,000 from his personal charitable donation fund to Singer’s sham charity. In turn, Singer paid Dvorskiy and Riddell.

Singer, Dvorskiy, and Riddell have pleaded guilty for their respective roles in the scheme.

Under the terms of McGlashan’s plea agreement, the parties have agreed to a sentence, subject to the Court’s approval, of three months in prison, two years of supervised release with 250 hours of community service and a fine of $250,000. 

McGlashan is the 30th parent to plead guilty in the college admissions case.   

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.

The charge of wire fraud and honest services wire fraud provides for a sentence of up 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. 

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field 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, Karin M. Bell and Stephen E. Frank of Lelling’s Criminal Division are prosecuting the case.

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

BOSTON – A Malden woman pleaded guilty today to stealing Social Security benefits and embezzling over $27,000 from a bank.  

Materesa Jose, 53, pleaded guilty to one count of theft of public funds and one count of bank embezzlement. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for June 9, 2021. Jose was indicted in August 2020. 

While an employee of Eastern Bank, Jose stole approximately $27,605 from the bank, some of which consisted of Social Security benefits, from September 2017 through July 2018.  The account from which she stole the money belonged to an individual who had died in 2015.

The charge of theft of public funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of bank embezzlement provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

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

BOSTON – A Boston gang member pleaded guilty today in federal court in Boston to a cocaine conspiracy and firearm possession.

Winston McGhee, 36, of Dorchester, pleaded guilty to conspiracy to distribute cocaine and cocaine base and being a felon in possession of a firearm. U.S. District Court Judge Richard G. Stearns scheduled sentencing for June 10, 2021. Under the terms of the plea agreement, the parties agreed to a sentence of 115 months in prison. 

In June 2020, McGhee was charged along with 23 others as part of Operation Snowfall.  According to the charging documents, beginning in November 2018, law enforcement conducted an investigation into drug trafficking activities by Boston-based street gang members and associates in the Commonwealth Development in Brighton, Mass., formerly known as Fidelis Way, a multi-apartment public housing development. It is alleged that the defendants, through their drug trafficking activities, assumed control over multiple apartments, where they stored, cooked, packaged and sold drugs. As a result, their activities caused a blight of the development and reduced the quality of life of the other residents.

The second part of the investigation, which included McGhee, targeted large-scale drug suppliers and their associates, which included Boston street gang members. It is alleged that the targets continued to distribute cocaine and cocaine base throughout the COVID-19 pandemic and shutdown.  

At the conclusion of the investigation, law enforcement executed search warrants at a “stash house” and McGhee’s residence, where McGhee was arrested, and recovered approximately $25,000 in cash and a firearm.

On Feb 2, 2021, co-defendant Eric Davis pleaded guilty to conspiracy to distribute and possess with intent to distribute 500 grams of more of cocaine and cocaine base and being a felon in possession of a firearm.

On the charge of conspiracy to distribute and possession with intent to distribute cocaine and cocaine base, McGhee faces a sentence of up to 30 years in prison, at least six years and up to life of supervised release and a fine of up to $2 million. The charge of being a felon in possession of a firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; John Gibbons, U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Boston Police Commissioner Dennis White made the announcement. Assistance with the investigation was provided by the Braintree, Cambridge, Canton, Randolph and Weymouth Police Departments; the Suffolk, Norfolk and Bristol County District Attorneys’ Offices; and the Suffolk, Plymouth and Norfolk County Sheriffs’ Office. Assistant U.S. Attorneys Kaitlin O’Donnell and Timothy Moran of Lelling’s Organized Crime and Gang Unit are prosecuting 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 Shrewsbury woman pleaded guilty today in federal court in Worcester to lying about her role with a Worcester-based employment agency while testifying before a federal grand jury.

Linda Le, 42, pleaded guilty to one count of falsely testifying before a grand jury. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for May 25, 2021. Le was charged in December 2020. 

According to the charging documents, 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.

In August 2019, Tam Vuong was indicted on fraud and tax charges in connection with his oversight of UT Services and Prime Labor, another Worcester-based employment agency. Vuong is scheduled for trial on Sept. 7, 2021.

The charge of lying to a grand jury 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 on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; 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 Lelling’s Major Crimes Unit, and Ian Stearns, of Lelling's Securities, Financial & Cyber Fraud Unit, are prosecuting the case.

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

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

Mark Joseph Ahn, 58, of Lake Oswego, Ore., was charged with two counts of securities fraud. Ahn will make an initial appearance in federal court in Boston at a later date.

As alleged in the charging document, 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 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.

Today, the SEC filed a separate civil action against Ahn in federal court in Boston.

The charging statute provides for a sentence of up to 25 years in prison, five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Field 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 Lelling’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 New Hampshire man pleaded guilty yesterday in federal court in Boston to traveling to have sex with a minor and child pornography offenses.

Donald Gibson, 38, of Nashua, N.H., pleaded guilty to traveling with intent to engage in illicit sexual conduct with a person under 18 years of age, distribution of child pornography and transportation of child pornography. U.S. District Court Judge Indira Talwani scheduled sentencing for June 11, 2021. Gibson was arrested and charged by criminal complaint in February 2020.

Gibson communicated via various text messaging applications with an undercover agent and devised a plan to meet the agent and his purported 13-year-old daughter in a hotel room in Tewksbury on Feb. 5, 2020. During the conversations, Gibson distributed child pornography to the undercover agent. On Feb. 5th, Gibson drove from New Hampshire to the Tewksbury hotel. Law enforcement agents intercepted Gibson as he was entering the hotel and found him in possession of a newly-purchased, unopened box of condoms, $90 cash, and a cell phone.  The forensic analysis of the phone Gibson had on his person revealed child pornography organized in several folders. 

During a consensual interview with agents, Gibson admitted that, during their conversations, he had given the undercover agent suggestions for how the undercover agent could start having sexual contact with his daughter, and that they had discussed meeting at the hotel so that they three of them (Gibson, the undercover agent and the 13-year-old daughter) could have sex. Gibson indicated that he planned to give the undercover agent more child pornography.

The charge of traveling with intent to engage in illicit sexual conduct with a person under 18 years of age provides for a sentence of up to 30 years in prison. The charges of distribution and transportation of child pornography both provide for a mandatory minimum term of five years and up to 20 years in prison. All three charges carry a term five years and up to life of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Tewksbury Police Chief Ryan M. Columbus; and Nashua (N.H.) Police Chief Michael Carignan made the announcement. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and Deputy Chief of the 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/.

BOSTON – A Lawrence man was sentenced yesterday in federal court in Boston for fentanyl conspiracy and unlawful possession of firearms, including an AR-15 rifle.

Ariel Pagan-Romero, 31, was sentenced by U.S. District Court Judge Leo T. Sorokin to 12 years in prison and five years of supervised release. In October 2020, Pagan-Romero pleaded guilty to conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl; distribution and possession with intent to distribute 40 grams or more of fentanyl; and being a felon in possession of firearms. 

Over the course of several months, a federal investigation involving an undercover officer identified Pagan-Romero’s fentanyl distribution operation. During a search of Pagan-Romero’s residence, agents seized pistols, an AR-15 rifle, ammunition, fentanyl and cocaine base.

United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. Valuable assistance was provided by Homeland Security Investigations in Boston; the Massachusetts State Police; and the Andover, North Andover, Billerica, Chelmsford, Lowell and Lawrence Police Departments. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.

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

BOSTON – A Chicopee man pleaded guilty yesterday in federal court in Springfield to drug distribution charges.

Brett Garcia, 33, pleaded guilty to possessing with intent to distribute 100 grams or more of heroin. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for May 21, 2021. Garcia was indicted in May 2020.

Garcia possessed with intent to distribute 100 grams or more of heroin on Feb. 28, 2020 in Hampden County. The indictment was the result of an investigation into heroin trafficking in Chicopee.

The charging statute provides for a sentence of at least five years and up to 40 years in prison, at least four years of supervised release and a fine of $2 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; 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 Lelling’s Springfield Branch Office is prosecuting the case.

BOSTON – A former senior executive at TPG Capital, a global private equity firm, has agreed to plead guilty in connection with his involvement in the college admissions case. 

William E. McGlashan, Jr., 57, has agreed to plead guilty to one count of wire fraud and honest services wire fraud. A plea hearing has not yet been scheduled.

McGlashan, the former managing partner of TPG Growth and co-founder of The Rise Fund, will plead guilty to his role in a scheme to defraud ACT, Inc. by paying William “Rick” Singer $50,000 to bribe Igor Dvorskiy, a corrupt test administrator, to allow Mark Riddell, a corrupt test “proctor,” to secretly correct McGlashan’s son’s exam answers to obtain a fraudulently inflated score.

Singer, Dvorskiy, and Riddell have pleaded guilty for their respective roles in the scheme.

Under the terms of McGlashan’s plea agreement, the parties have agreed to a sentence, subject to the Court’s approval, of three months in prison, two years of supervised release with 250 hours of community service and a fine of $250,000. 

McGlashan will be the 30th parent to plead guilty in the college admissions case.   

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.

The charge of wire fraud and honest services wire fraud provides for a sentence of up 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. 

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field 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, Karin M. Bell and Stephen E. Frank of Lelling’s Criminal Division are prosecuting the case.

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

BOSTON – A local attorney was sentenced today in federal court in Boston for child pornography charges.

Hanford Chiu, 30, was sentenced by U.S. District Court Judge Denise J. Casper to 110 months in prison and five years of supervised release. In February 2020, Chiu was convicted by a federal jury of one count each of receipt and possession of child pornography. Chiu was arrested and charged in August 2018.

Following a search of Chiu’s residence in Brighton on Aug. 22, 2018, forensic analysis of Chiu’s custom-built desktop computer revealed over 23,000 images and videos of child pornography. Chiu had accessed child pornography files as recently as the morning law enforcement agents executed the federal search warrant at his home.

United States Attorney Andrew E. Lelling and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement. Assistant U.S. Attorneys Anne Paruti and Adam Deitch of Lelling’s Major Crimes Unit 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 Boston man was arrested yesterday and charged with methamphetamine distribution.      

Daniel Lennon, 31, was charged by criminal complaint with one count of distribution of five grams or more of methamphetamine and one count of distribution of 50 grams or more of methamphetamine. Lennon was detained following an initial appearance in federal court in Boston today.

According to charging documents, investigators conducted two undercover purchases of approximately 28 grams and 112 grams of methamphetamine, respectively, on Jan. 13 and 19, 2021.

The charge of distribution of five grams or more of methamphetamine carries a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of $5 million. The charge of distribution of 50 grams or more of methamphetamine carries a mandatory minimum sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of $10 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. The Boston Police Department provided critical assistance with the investigation. Assistant U.S. Attorney Lauren A. Graber of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

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

BOSTON – A former federal firearm licensee was sentenced today in federal court in Springfield for firearms charges.

Max T. Gaj, 30, of Belchertown, was sentenced by U.S. District Court Judge Mark D. Mastroianni to 18 months in prison and three years of supervised release. In September 2020, Gaj pleaded guilty to receipt and possession of unregistered firearms, receipt and possession of National Firearm Act (NFA) firearms not identified by serial number, making a firearm in violation of the NFA, selling firearms in violation of state and local laws, and making false entries in, failing to make appropriate entries in, and failing to properly maintain records as required.

Gaj, who was a federal firearms licensee and part owner of Dark Horse Gunsmithing in South Hadley, received and possessed three firearms: a machinegun, a machinegun bearing no serial number and a shotgun. The firearms were not registered to him in the National Firearms Registration and Transfer Record, as required by the NFA. Gaj also made a machinegun in violation of the NFA.

In addition, Gaj sold two firearms, a Glock Model 17 pistol and a Glock Model 43 pistol in violation of state law. Gaj also made false entries, failed to make appropriate entries and failed to properly maintain records as required of a federal firearms licensee.

United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement. Assistant U.S. Attorney Catherine G. Curley of Lelling’s Springfield Branch Office prosecuted 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”) pleaded guilty today to drug distribution charges.

Sophia Velasquez, 28, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute fentanyl. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for May 26, 2021.

Velasquez admitted to conspiring 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. 

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 32nd defendant to plead guilty in the case. Rivera pleaded guilty in December 2020 and is scheduled to be sentenced on April 1, 2021.

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

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field 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 Lelling’s Criminal Division are prosecuting 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 – Four individuals were arrested today and charged in connection with a scheme to defraud an insurance provider for physical therapy services that were not provided to patients.  

Gyulnara Bayryshova, 55, of Brighton; Anna Barenboym, 45, of Wayland; Slava Pride, 41, of West Roxbury; and Raya Bagardi, 36, of Brighton, were each indicted on one count of conspiracy to commit mail and health care fraud, eight counts of mail fraud and one count of health care fraud. In addition, Barenboym, Pride, and Bagardi were each charged with three counts of making false statements in connection with a health care benefit program. The defendants will make an initial appearance in federal court in Boston later today.

As alleged in the indictment, Bayryshova was the owner of Brighton Physical Therapy (BPT), a physical therapy clinic on Washington Street in Brighton. Barenboym was a licensed physical therapist and Pride and Bagardi were licensed physical therapist assistants, all employed by BPT. It is alleged that, from October 2018 through June 2020, the defendants conspired to cause an insurance company to reimburse them for physical therapy services that were not actually provided and/or were not medically necessary and, in some cases, were provided by individuals not licensed to provide the services. Specifically, the defendants falsely billed for services purportedly rendered to patients injured in automobile accidents when the services were not actually provided. In addition, some of the services for which the defendants sought reimbursement were not provided by licensed physical therapists. It is further alleged that BPT paid patients for referrals, referred patients to attorneys to assist with patients’ insurance settlements, and accepted kickbacks from those attorneys in return.

The charge of conspiracy to commit mail and health care fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charge of mail fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charge of 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 charges of making false statements in connection with a health care benefit program provides for a sentence of up to five years in prison, two years of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Anthony DiPaolo, Chief of Investigations of the Insurance Fraud Bureau of Massachusetts; Boston Police Acting Commissioner Gregory Long; and Quincy Police Chief Paul Keenan made the announcement today. Assistant U.S. Attorney Laura J. Kaplan of Lelling’s Organized Crime and Gang Unit is prosecuting the case.

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

BOSTON – The former Secretary of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to racketeering charges.

Francisco Lopez, a/k/a “King Cisco,” 43, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for May 27, 2021.

During the course of the investigation, Lopez attended numerous meetings of the Latin Kings State Leadership, and hosted meetings at his residence in Chelsea. During these meeting, crimes of violence and the business of the gnag were discussed and decided. Additionally, Lopez sold over 200 grams of cocaine base to a cooperating witness. During the search of the Lopez’s Chelsea residence in December 2019, 50 grams of fentanyl, 50 grams of heroin and a loaded Glock firearm were recovered.

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

In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Lopez is the 32nd defendant to plead guilty in the case.

Pursuant to the terms of the plea agreement, Lopez faces a sentence of between 108 and 150 months in prison and three years of supervised release. The RICO conspiracy charge provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field 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 Lelling’s Criminal Division are prosecuting 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 member of Primeiro Comando da Massachusetts (“PCM”), a gang with Brazilian origins, was sentenced yesterday in connection with committing armed robberies and kidnapping.

Breno Henrique DaSilva, 22, a Brazilian national illegally residing in Somerville, was sentenced by U.S. District Court Judge Patti B. Saris to 108 months in prison. The defendant will face deportation proceedings upon completion of his sentence. On Oct. 15, 2020, DaSilva pleaded guilty to conspiracy to conduct enterprise affairs by a pattern of racketeering and conspiracy to commit robbery. 

Henrique DaSilva was charged along with seven co-defendants in April 2019. 

According to court documents, in September 2018, law enforcement 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.

Henrique DaSilva admitted to committing armed robberies on Jan. 14, 2019, in Framingham and on Jan. 16, 2019, in Stoughton. In addition, he admitted to kidnapping a female victim in Peabody on Feb. 7, 2019. The gang believed that the female victim could help them target a rival gang member for violence. Henrique DaSilva and co-defendant Edson DaSilva (no relation) lured the victim out of a residence in Peabody and eventually took her to a residence in Maynard where she was held at gunpoint and threatened. A cooperating witness alerted law enforcement, who responded to the scene and eventually arrested Henrique DaSilva.

Edson DaSilva previously pleaded guilty and is scheduled to be sentenced on April 23, 2021.

United States Attorney Andrew E. Lelling; 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 today. The Chelsea, Lowell, Malden, Marlborough, Somerville and Weymouth Police Departments and the Middlesex Sheriff’s Office provided assistance with the investigation.

BOSTON – A Boston man pleaded guilty today to assaulting officers with a firearm during the civil disorder in Boston early in the morning of June 1, 2020.

John Boampong, 37, pleaded guilty to one count each of interfering with a law enforcement officer during the commission of a civil disorder, receipt of a firearm by a person under indictment for a felony offense, and assaulting, resisting, or impeding certain officers or employees. U.S. District Court Judge William G. Young scheduled sentencing for June 10, 2021. Boampong was charged by criminal complaint on June 30, 2020 and has been detained since his arrest on June 1.

According to the terms of the plea agreement, Boampong will be sentenced to a term of 42 to 63 months in federal prison and three years of supervised release.

According to court documents, on the evening of May 31, 2020 and continuing through the morning of June 1, 2020, what began as a peaceful demonstration in Boston’s Back Bay neighborhood devolved into widespread acts of violence, vandalism, looting and destruction of police property, including the burning of at least one police vehicle on Tremont Street. Some protestors threw rocks, bricks and commercially-available explosives at police officers. Numerous police officers were injured.

On June 1, 2020 at approximately 3:00 am, Boampong was driving his car near the Arlington Street and Boylston Street intersection in front of a store that had been victimized by looting that evening. Police officers instructed Boampong and his passengers to leave the area. The occupants of Boampong’s car initially became verbally combative towards the officers and failed to leave the area as instructed. When Boampong reversed the car, officers told him to stop, as officers and another vehicle were in the way. However, Boampong continued driving in reverse and then drove away. Shortly thereafter, he returned to the area, parked on Providence Street, and shot at least 11 times toward officers, including a deputized federal officer. The officers took cover by bracing or ducking behind cars and other objects. Bullets broke through the windows of two apartments above ground level in a building behind some of the officers.

When officers eventually stopped Boampong’s car, they saw a Sig Sauer P230 9mm firearm lying on the floor of the front passenger-side floor mat, and a black holster underneath the driver’s seat, where Boampong had been sitting. The firearm was later examined and found to have Boampong’s fingerprint on it.

At the time, Boampong was prohibited from possessing a firearm or ammunition because he faced pending state charges carrying potential sentences exceeding one year.

The charge of assaulting federal officers provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charges of interfering with law enforcement officers during a civil disorder and being a prohibited person in receipt of a firearm or ammunition provide 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.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Boston Police Acting Commissioner Gregory Long; and Suffolk County District Attorney Rachael Rollins made the announcement today. Assistant U.S. Attorney John Dawley of Lelling’s Organized Crime and Gang Unit and Assistant U.S. Attorney Scott L. Garland, Deputy Chief of Lelling’s National Security Unit, are prosecuting the case.

BOSTON – A Boston man was indicted today by a federal grand jury in connection with illegally carrying a loaded pistol. The defendant, who allegedly also possessed armor-piercing ammunition, appears to adhere to the anti-government/anti-authority sovereign citizen ideology.

Pepo Herd El a/k/a Pepo Wamchawi Herd (El), 47, of Dorchester, was indicted on two counts of being a felon in possession of a firearm and ammunition. El was arrested on Nov. 26, 2020, and has been detained in custody since that time.

According to the charging documents, for about a year preceding his arrest, El made several firearms-related purchases online and bought chemicals that could be used to assemble explosives. Concerned that El might possess a firearm or an explosive, federal investigators began surveilling El in November 2020.

It is alleged that, on Nov. 26, 2020, El took a bus from his house in Dorchester to the Ruggles MBTA station. At Ruggles, El was detained and searched pursuant to a search warrant. During that search, law enforcement discovered that El was in possession of a loaded semi-automatic pistol, three spare magazines and more than 40 rounds of ammunition. El was also wearing a bullet-proof vest and a jacket that had “security” written on it.

During a subsequent search of El’s Dorchester residence, law enforcement officers also allegedly discovered a fifth magazine loaded with armor-piercing rounds, in addition to other ammunition.

Due to a 2004 state convictions for possessing firearms without permits and other crimes, El is prohibited from possessing firearms and ammunition.

The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The investigation was conducted by FBI Boston’s Joint Terrorism Task Force with substantial assistance from the Boston Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives and the U.S. Postal Inspection Service. Assistant U.S. Attorneys Amanda Beck and Benjamin Tolkoff of Lelling’s National Security 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 Inca, or first-in-command, of the North Shore Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to racketeering charges.

Israel Rodriguez, a/k/a “King Izzy,” a/k/a “King Imperial,” 39, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for July 15, 2021.

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

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. Israel Rodriguez is the 31st defendant to plead guilty in the case.

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

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field 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 Lelling’s Criminal Division are prosecuting 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 Hyde Park man was indicted today by a federal grand jury in connection with illegally possessing a loaded Smith & Wesson pistol.

King Belin, 35, was indicted on one count of being a felon in possession of a firearm and ammunition. Belin is currently detained in state custody and will be arraigned in federal court in Boston at a later date.

According to the indictment, on Dec. 20, 2020 in Stoughton, Belin possessed a Smith & Wesson, Model SD40VE .40 caliber pistol, loaded with 14 rounds of .40 caliber ammunition. Due to a previous conviction for a crime punishable by one than one year in prison, Belin is prohibited from possessing firearms and ammunition.  

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

United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Stoughton Police Chief Donna M. McNamara made the announcement today.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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 Boston gang member pleaded guilty yesterday in federal court in Boston to a cocaine conspiracy and firearm possession.

Eric Davis, 37, of Mattapan, pleaded guilty to conspiracy to distribute 500 grams or more of cocaine and cocaine base and being a felon in possession of a firearm. U.S. District Court Judge Richard G. Stearns scheduled sentencing for June 9, 2021.

In June 2020, Davis was charged along with 23 others as part of Operation Snowfall.  According to the charging documents, beginning in November 2018, law enforcement conducted an investigation into drug trafficking activities by Boston-based street gang members and associates in the Commonwealth Development in Brighton, Mass., formerly known as Fidelis Way, a multi-apartment public housing development. It is alleged that the defendants, through their drug trafficking activities, assumed control over multiple apartments, where they stored, cooked, packaged and sold drugs. As a result, their activities caused a blight of the development and reduced the quality of life of the other residents.

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

At the conclusion of the investigation, law enforcement executed a search warrant at a hotel room in Canton where Davis was arrested and recovered approximately two kilograms of cocaine and a firearm.

The charge of conspiracy to distribute and possession with intent to distribute 500 grams or more of cocaine and cocaine base provides for a sentence of at least five years and up to 40 years in prison, at least four years and up to life of supervised release and a fine of up to $5 million. The charge of being a felon in possession of a firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Pursuant to a plea agreement with the government, the parties agreed to a sentence of between 105 to 130 months in prison. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; John Gibbons, U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Boston Police Commissioner Dennis White made the announcement. Assistance with the investigation was provided by the Braintree, Cambridge, Canton, Randolph and Weymouth Police Departments; the Suffolk, Norfolk and Bristol County District Attorneys’ Offices; and the Suffolk, Plymouth and Norfolk County Sheriffs’ Office. Assistant U.S. Attorneys Kaitlin O’Donnell and Timothy Moran of Lelling’s Organized Crime and Gang 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 Fitchburg man pleaded guilty today in federal court in Worcester to his role in a wide-ranging fentanyl, heroin, crack and cocaine trafficking conspiracy.

Pedro Baez, 52, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, 400 grams or more of fentanyl, 280 grams or more of cocaine base (commonly known as crack cocaine) and 500 grams or more of cocaine and one count of distribution and possession with intent to distribute 400 grams or more of fentanyl, 100 grams or more of heroin and cocaine. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for May 18, 2021.

According to charging documents, following a fatal fentanyl overdose in September 2018, law enforcement began investigating a drug trafficking organization in the Fitchburg area and discovered that Baez led the organization along with his son, Anthony Baez. Court-authorized interceptions of phones used by Baez and other members of the drug trafficking organization and its suppliers revealed that Baez worked with Anthony Baez, and others, to distribute a fentanyl and heroin mixture, cocaine, and crack cocaine on a regular basis to individuals in the Fitchburg area, some of whom resold all or a portion of those drugs to their own customers.     

Baez and 17 others were charged in a superseding indictment on July 22, 2020. Anthony Baez pleaded guilty and was sentenced to 13 years in prison in December 2020. Defendants Valerie Lucier and Shastaalena Blair have also pleaded guilty to the superseding indictment.   

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

This case is part of an Organized Crime Drug Enforcement Task Force (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 – Two women were arrested yesterday and charged in connection with a $100 million home health care fraud scheme. The government also filed a civil action seeking forfeiture of five properties and 40 financial accounts and investments involved in a scheme to launder the ill-gotten gains.   

Faith Newton, 52, of Westford, and Winnie Waruru, 41, of Lowell, were each indicted on one count of conspiracy to commit health care fraud; one count of health care fraud – aiding and abetting; and one count of conspiracy to pay and receive kickbacks. Newton was also indicted on one count of money laundering conspiracy and seven counts of money laundering. In addition, Waruru was indicted on two counts of making false statements and one count of making a false statement in a health care matter. Newton and Waruru were arrested yesterday and will make an initial appearance in federal court in Boston today at 1:30 p.m.              

According to the indictment, from January 2013 to January 2017, Newton was part owner and operator of Arbor Homecare Services LLC. Waruru was a Licensed Practical Nurse employed as a home health nurse at Arbor. It is alleged that Newton and Waruru engaged in a conspiracy to use Arbor to defraud MassHealth and Medicare of at least $100 million by committing health care fraud and paying kickbacks to induce referrals. Newton then allegedly laundered the ill-gotten gains.

Specifically, it is alleged that Arbor, through Newton and others, failed to train staff, billed for home health services that were never provided or were not medically necessary and billed for home health services that were not authorized. Arbor, through Newton and others, developed employment relationships as way to pay kickbacks for patient referrals, regardless of medical necessity requirements. They also entered sham employment relationships with patients’ family members to provide home health aide services that were not medically necessary and routinely billed for fictitious visits that Newton knew did not occur. As alleged in the civil complaint, Newton either directly or through Arbor, targeted particularly vulnerable patients who were low-income, on disability and/or suffering from depression and/or addiction.

According to the indictment, Waruru and Arbor billed MassHealth for Waruru’s skilled nursing visits, many of which she did not perform. Waruru also passed cash payments from Newton to an Arbor patient to retain that patient.

Newton allegedly used the laundered proceeds of the $100 million scheme to purchase multiple homes and a Maserati and to fund investment accounts, a lavish lifestyle and numerous financial transactions. The civil forfeiture case seeks to forfeit to the United States five properties in Westford, North Andover, Chelmsford and Dracut and to forfeit the contents of 40 bank accounts and/or investments. 

The charges of health care fraud, conspiracy to commit health care fraud, money laundering conspiracy and money laundering each provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000 or twice the amount of the money involved in the laundering. The conspiracy to pay kickbacks, make false statements and make false statement in health care matter each provide for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorneys Rachel Y. Hemani of Lelling’s Health Care Fraud Unit and David G. Lazarus, Chief of Lelling’s Asset Recovery Unit, are prosecuting the cases.

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

BOSTON – The owner of a commercial and residential construction business in Dracut was charged on Friday, Jan. 29, 2021 with an income diversion and payroll tax scheme resulting in a tax loss that exceeded $1 million.

James P. Enwright, 53, was charged and has agreed to plead guilty to one count of tax evasion and one count of failure to pay over taxes. A hearing has not yet been scheduled.

According to the charging documents, Enwright owned and operated Enwright Construction. From 2013 through 2018, Enwright allegedly withheld from his tax preparer over $2.8 million of Enwright Construction’s gross receipts. In addition, during the tax quarters ending March 31, 2013 through Sept. 30, 2019, it is alleged that Enwright paid over $3 million in wages to his employees in cash “under the table.” As a result of his conduct, Enwright underreported his personal income tax obligations and failed to report and pay the IRS the employment taxes owed on the cash wages. In total, Enwright allegedly caused a loss to the IRS of $1,025,312.

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

United States Attorney Andrew Lelling and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation Boston Field Office made the announcement. Assistant U.S. Attorney James R. Drabick of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.

BOSTON – A Malden man was arrested today and charged in connection with attempting to hire a contract killer – who was actually an undercover federal agent – to murder his wife.

Massimo Marenghi, 54, was charged by criminal complaint with one count of murder-for-hire. Marenghi will make an initial appearance in federal court in Boston via videoconference on Monday, Feb. 1 at 11:30.

According to a criminal complaint, an individual reported to law enforcement that Marenghi had complained about his wife seeking a restraining order against him. Marenghi allegedly asked the individual for assistance in killing his wife. At the direction of federal agents, the individual introduced Marenghi to an undercover agent who posed as a contract killer. On Jan. 20, 2021, Marenghi met with the undercover agent and allegedly sought help to “eliminate” his problem. Marenghi provided the undercover agent with a photograph of his wife’s residence and explained how to evade detection by cameras while approaching the residence.

It is alleged that earlier today, Marenghi again met with the undercover agent and discussed moving forward with the killing of his wife. Marenghi provided $1,500 cash as a deposit for the murder and explained that the sooner the “demolition job” takes place, the sooner he will be able to pay the balance owed. He also allegedly provided the undercover agent with a photograph of his wife, the hours of operation of her place of business and a schedule indicating the “best time for the construction work to start.”

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

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The Malden Police Department provided valuable assistance with the investigation.  Assistant U.S. Attorney Adam Deitch of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON – A man affiliated with the Junior Kaos gang in Boston was sentenced yesterday in federal court in Boston for illegally possessing a firearm and ammunition, as well as for related violations of federal supervised release. At the time of the offense, the defendant was on supervised release for a previous firearm conviction.

Dwayne Leaston-Brown, 31, who most recently resided in Brockton, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 57 months in prison and three years of supervised release for the new offense. He was also sentenced by U.S. District Court Judge Richard G. Stearns to an additional six months in prison for violating the conditions of his supervised release.  

In October 2020, Leaston-Brown pleaded guilty to one count of being a felon in possession of a firearm and ammunition. He was arrested by the Boston Police Department in September 2018, charged federally in November 2018, and has been in custody since his federal arrest.

On Sept. 8, 2018, after a verbal confrontation, Leaston-Brown drew a firearm on another gang member on a sidewalk outside a restaurant on Blue Hill Avenue in Boston. The other individual, who was also armed with a firearm, then chased Leaston-Brown through Mattapan Square. This armed chase was interrupted by a police officer who saw Leaston-Brown running, attempted to stop him, and ultimately recovered the loaded firearm from him near the corner of Fairway Street and Blue Hill Avenue in the Mattapan Square area. Police also recovered the other individual’s firearm, and he has been charged by the state.

Federal law prohibits Leaston-Brown from possessing a firearm or ammunition due to a prior felony conviction. In November 2014 he was convicted of being a felon in possession of a firearm and served 46 months in prison. At the time he committed the charged offense, he was on supervised release. Leaston-Brown’s conditions of supervised release included that he not commit any further federal, state, or local offenses, and that he not possess any firearms or ammunition – conditions that he violated when he committed the new offense.

United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and Boston Police Commissioner William Gross made the announcement today.

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

BOSTON – A Dominican national previously living in Lawrence was indicted yesterday by a federal grand jury in connection with fentanyl possession.

Anyelo Aybar-Franco, 25, was indicted on one count of possession with intent to distribute more than 40 grams of fentanyl. Aybar-Franco was previously charged by criminal complaint.

According to the charging documents, on Oct. 20, 2020 in Lawrence, Aybar-Franco possessed with intent to distribute over 65 grams of fentanyl.

Aybar-Franco faces a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division made the announcement today.  Valuable assistance was provided by the Essex County Sheriff’s Department, Homeland Security Investigations in Boston and the Lawrence Police Department. Assistant U.S. Attorney Charles Dell’Anno of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON – A Fitchburg man was indicted yesterday by a federal grand jury in Worcester on charges of being a felon in possession of a 10 mm Glock pistol.

Joel Polanco, 33, was indicted on one count of being a felon in possession of a firearm. Polanco was previously charged by criminal complaint in December 2020.

According to the charging documents, on Oct. 24, 2020, Polanco was arrested after police responded to the area of Snow and Cherry Streets in Fitchburg following a report of a person suffering a gunshot wound to the leg. A witness reported seeing someone fitting Polanco’s description shoot the victim. In addition, surveillance videos showed a person fitting Polanco’s description carrying what appeared to be the black fanny-pack and holding an item in his hand that appeared to be a gun. Polanco allegedly shot the victim using a 10 mm Glock pistol which was later recovered from a black fanny-pack in the area of Snow Street.

Polanco is prohibited from possessing a firearm after being convicted of being a felon in possession of ammunition and distribution of cocaine base in March 2011.

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

United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Fitchburg Police Chief Ernst Martineau made the announcement. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office is prosecuting the case.

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

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 nurse pleaded guilty today in federal court in Boston to tampering with opioids intended for emergency department patients at a hospital where he worked and then attempting to conceal his crime by replacing the diverted narcotics with saline. 

Mark Croft, 48, of West Boylston, pleaded guilty to one count of tampering with a consumer product and one count of acquiring a controlled substance by deception and subterfuge. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for May 20, 2021.

While working at a Massachusetts hospital in January 2016, Croft administered hydromorphone and meperidine – both Schedule II controlled substances – to emergency department patients in need of pain relief. Between Jan. 5 and Jan. 14, 2016, Croft tampered with carpujects – syringe devices used to administer injectable fluid medication – containing hydromorphone and meperidine by accessing the automated dispensing machine (ADM) in the hospital’s emergency department.

Specifically, Croft used his credentials to access the ADM and removed carpujects containing hydromorphone and meperidine. He then used syringes to puncture the carpujects and removed portions of the hdyromprohone and meperidine for his own use. In some instances, Croft replaced the medication he removed with saline in an attempt to conceal his conduct. To avoid detection, Croft later put the carpujects with the diluted medication back in the ADM where they remained available for nurses to unwittingly use on patients. Croft also used his credentials to enter a “return to stock” transactions in the ADM, making it falsely appear that no medications had been removed from the carpuject. 

The charge of tampering with a consumer product provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. The charge of obtaining a controlled substance by misrepresentation, fraud, deception and subterfuge provides for a sentence of up to four years in prison, one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Jeffrey Ebersole, Special Agent in Charge of the U.S. Food and Drug Administration, Office of Criminal Investigations, New York Field Office; and Monica Bharel MD, MPH, Commissioner of the Massachusetts Department of Public Health made the announcement today. Assistant U.S. Attorney Patrick Callahan of Lelling’s Healthcare Fraud Unit is prosecuting the case.

BOSTON – A Fitchburg man pleaded guilty today to his role in a fentanyl and crack cocaine trafficking conspiracy. The defendant sold drugs to customers in the Fitchburg area and had associates sell drugs on his behalf.

Alberto Nunez, 46, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 28 grams or more of cocaine base (commonly known as crack cocaine), fentanyl and cocaine. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for May 10, 2021. Nunez was charged by federal criminal complaint in February 2020.

From approximately November 2019 to February 2020, Nunez conspired with others to distribute and to possess with intent to distribute cocaine base, fentanyl and cocaine in Worcester County and elsewhere in Massachusetts. As part of a federal investigation into drug trafficking in the Fitchburg area in September 2018, Nunez was identified as a drug dealer who regularly distributed fentanyl and cocaine base to multiple drug customers. Nunez delivered the drugs to his customers himself and also had multiple associates deliver fentanyl and cocaine base to customers on his behalf. Most of Nunez’s customers were drug users, but some further distributed the drugs they purchased from Nunez.

The charge of conspiracy to distribute 28 grams or more of cocaine base, fentanyl and cocaine provides for a sentence of at least five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

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.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. The Fitchburg and Lunenburg Police Departments also provided valuable assistance with the investigation. Assistant U.S. Attorney Alathea Porter of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

BOSTON – athenahealth, Inc. (Athena), a Watertown-based developer of electronic health records (EHR) services, has agreed to pay $18.25 million to resolve allegations that it violated the False Claims Act (FCA) by paying illegal kickbacks to generate sales of its EHR product, athenaClinicals. 

In a complaint filed in conjunction with today’s settlement, the United States alleged that Athena violated the FCA and the Anti-Kickback Statute through three marketing programs. First, Athena allegedly invited prospects and customers to all-expense-paid sporting, entertainment and recreational events. The most lavish of these events, such as “bucket list” trips to the Masters Tournament and the Kentucky Derby, included complimentary travel along with luxury accommodations, meals and alcohol. Second, Athena allegedly paid illegal fees to its customers through its “Lead Generation” program designed to identify new prospective customers. Under this program, Athena paid up to $3,000 per physician that signed up for Athena services, regardless of how much time (if any) the client spent speaking or meeting with the lead. Finally, it is alleged that Athena entered into deals with competing companies that had decided to discontinue their health information technology products. Pursuant to those agreements, known as “Conversion Deals,” the other companies agreed to refer their clients to Athena, and Athena paid competitors based on the value and volume of practices that were successfully converted into Athena customers. 

As a result of these kickbacks, it is alleged that Athena improperly generated sales for itself while causing healthcare providers to submit false claims to the federal government related to incentive payments for adoption and “meaningful use” of Athena’s EHR technology.

“Across the country, physicians rely on electronic health records software to provide vital patient data. Kickbacks corrupt the market for health care services and risk jeopardizing patient safety,” said United States Attorney Andrew E. Lelling. “We will aggressively pursue organizations that fail to play by the rules; EHR companies are no exception.”

“This resolution demonstrates the department’s continued commitment to holding EHR companies accountable for the payment of unlawful kickbacks in any form,” said Acting Assistant Attorney General Brian Boynton for the Department of Justice’s Civil Division. “EHR technology plays an important role in the provision of medical care, and it is critical that the selection of an EHR platform be made without the influence of improper financial inducements.”

“If the benefits of Electronic Health Records are to be fully realized, patients must be confident providers have selected the most effective system – not the one paying the largest kickbacks. Time and again, we’ve seen fraudulent activity undermine the integrity of medical decisions, subvert the health marketplace, and waste taxpayer dollars,” said Phillip M. Coyne, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue to hold accountable those who provide illegal incentives in order to influence the decision-making of health care providers.”

“It is illegal for companies to extend invitations to all-expense-paid sporting, entertainment, and recreational events, and other perk-filled offers to its prospective customers to win business and boost their bottom line through illegal kickback schemes,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today’s agreement by Athena to pay $18.25 million should send a strong message to anyone thinking about engaging in this type of illegal activity. The FBI will continue to work with our law enforcement partners to do everything in our power to safeguard our government health care programs and the taxpayers picking up the bill.”

The settlement with Athena also resolves allegations in two whistleblowers lawsuits.  Under the qui tam provisions of the False Claims Act, private individuals, known as relators, can sue on behalf of the government for false claims and share in any recovery.

U.S. Attorney Lelling, Acting Assistant Attorney General Boynton, HHS-OIG SAC Coyne, FBI Boston SAC Bonavolonta and Matthew Modafferi, Special Agent in Charge of the U.S. Postal Service Office of Inspector General, Northeast Area Field Office made the announcement today. The matter was handled by Assistant U.S. Attorneys Jessica J. Weber, David J. Derusha and Gregg Shapiro of Lelling’s Affirmative Civil Enforcement Unit, together with Trial Attorneys Nicholas Perros and Andrew Jaco of the Justice Department’s Civil Division.

BOSTON – A Dominican national previously living in Lawrence was sentenced today for trafficking crack cocaine (also known as cocaine base) and cocaine.

Encebio Esperitusanto, 41, was sentenced by U.S. District Court Judge Allison D. Burroughs to 33 months in prison. Esperitusanto will face deportation upon completion of his sentence. In June 2020, Esperitusanto pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine and 28 grams or more of cocaine base, one count of distribution of 28 grams or more of cocaine base and one count of distribution of cocaine. Esperitusanto has been in federal custody since he was arrested on March 13, 2019.

Esperitusanto sold crack cocaine to a cooperating source on two occasions in November 2018 in Lawrence. In February 2019, Esperitusanto again arranged for two additional sales of crack and cocaine to the same cooperating source.

United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division made the announcement today. Assistance was also provided by the U.S. Postal Inspection Service and Immigration and Customs Enforcement. Assistant U.S. Attorneys Katherine Ferguson and Stephen Hassink of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A former inmate at the Federal Medical Center (FMC) Devens was sentenced today in connection with making threats against federal agents and threatening to cause an explosion at a federal courthouse.

Nathan Danforth, 34, was sentenced by U.S. District Court Judge Timothy S. Hillman to three years in prison and three years of supervised release. Danforth pleaded guilty on Jan. 20, 2021 to one count of making threats to murder federal law enforcement officers and one count of threats to damage or destroy a building using fire or explosives.  

In July 2019, Danforth, then an inmate at FMC Devens, attempted to mail a letter to a federal court in Florida, threatening to kill the agents who previously investigated him and to cause an explosion at the courthouse. In February 2020, Danforth sent an email from FMC Devens to the Department of Justice Office of Inspector General threatening that the President would die and federal buildings would be “blown up.”   

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. FMC Devens Special Investigation Section provided valuable assistance to the investigation. Assistant U.S. Attorney Kristen Noto of Lelling’s Worcester Branch Office prosecuted the case.

BOSTON – A California man pleaded guilty today in federal court in Worcester to federal tax and fraud charges arising from his role with various Worcester-based employment agencies.

Julio Lopez, 43, of Los Angeles, Calif., and formerly of Worcester, pleaded guilty to two counts of wire fraud and one count of conspiring to defraud the United States. Lopez was charged in December 2020. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for April 27, 2021.

Lopez worked for Worcester-based employment agencies Bay State, Prime Labor and UT Services. Bay State misrepresented the number of its employees and the wages earned by such employees and failed to report cash wages to the IRS and to its workers compensation insurance carrier. In 2016, in connection with a client audit, another Bay State employee fabricated payroll documents that falsely showed that deductions were taken from employees’ paychecks for payroll taxes, and Lopez provided these fabricated documents to the client.

After Bay State ceased operations in approximately November 2017, Lopez was involved in shifting certain Bay State clients to UT Services, an agency controlled by Tam Vuong.  Thereafter, Lopez and, allegedly, Vuong, engaged in a scheme to defraud by misrepresenting the number of employees who worked for UT Services and the wages earned by such employees.  UT Services paid most of its employees in cash and then failed to report those employees and the cash wages to the IRS and to its workers compensation insurance carrier. During the time he worked for UT Services, Lopez knew that federal law enforcement was investigating the cash payroll practices of various employment agencies, and used an email address associated with a fake name so that that his own name would not be tied to UT Services.

In August 2019, Vuong was indicted on fraud and tax charges in connection with his oversight of UT Services and Prime Labor and is scheduled to stand trial on Sept. 7, 2021. 

The charges of wire fraud provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The conspiracy charge 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 on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the FBI 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 Lelling’s Major Crimes Unit, and Ian Stearns of Lelling’s Securities, Financial & Cyber Fraud Unit are prosecuting the case. 

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

BOSTON – The owner of a commercial and residential painting business on Nantucket was charged today with an income diversion and payroll tax scheme resulting in a tax loss that exceeded $2 million.

Durvan C. Lewis, 51, of Nantucket, was charged and has agreed to plead guilty to one count of tax evasion and one count of failure to pay over taxes. A hearing has not yet been scheduled.

Lewis owned and operated a painting business known as DCL Painting. From 2014 through 2017, Lewis allegedly diverted over $1.5 million of DCL Painting’s gross receipts to his personal bank account and failed to report the diverted receipts to his tax preparer.  In addition, during the tax quarters ending March 31, 2012 through Sept. 30, 2019, it is alleged that Lewis paid over $5 million in wages to DCL Painting’s employees in cash “under the table.” As a result of his conduct, Lewis underreported his personal income tax obligations, as well as failed to report and pay over to the IRS the employment taxes owed on the cash wages. In total, Lewis allegedly caused a loss to the IRS of $2,084,852.

The charging statutes provide for a sentence on each count of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew Lelling and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation Boston Field Office made the announcement today. Assistant U.S. Attorney James R. Drabick of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.

BOSTON – A former New Bedford police officer was sentenced today in federal court in Boston for possessing and distributing child pornography.  

Paul Hodson, 44, of Acushnet, was sentenced by U.S. District Court Judge Patti B. Saris to six years in prison and five years of supervised release. In December 2019, Hodson pleaded guilty to one count of distribution of child pornography and one count of possession of child pornography. 

Following an investigation into the use of peer-to-peer file sharing networks for the trade of child pornography, a search was executed at Hodson’s home. Hodson was interviewed on scene and admitted to using peer-to-peer file sharing software to trade child pornography. Hundreds of child pornography files were recovered from Hodson’s computer including at least one file that was distributed to undercover law enforcement in the course of the investigation.  

United States Attorney Andrew E. Lelling and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Acushnet Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and Deputy Chief of the Major Crimes Unit, 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 Boston man has agreed to plead guilty to assaulting officers with a firearm during the civil disorder in Boston early in the morning of June 1, 2020.

John Boampong, 37, has agreed to plead guilty to one count each of interfering with a law enforcement officer during the commission of a civil disorder, receipt of a firearm by a person under indictment for a felony offense, and assaulting, resisting, or impeding certain officers or employees. Boampong was charged by criminal complaint on June 30, 2020 and has been detained since his arrest on June 1.

According to the terms of the plea agreement, Boampong will be sentenced to a term of 42 to 63 months in federal prison and three years of supervised release.

“We’ve seen protests time and again over the past year. While protesting is a constitutionally protected right, endangering the lives of law enforcement and the public is a crime,” said United States Attorney Andrew E. Lelling. “Whether that takes place in the streets of Boston or our nation’s capital, you can be assured that federal law enforcement will investigate those who engage in violence and destruction and hold them to account.”

“John Boampong incited panic downtown after he fired 11 rounds in the direction of police officers and civilians, with a firearm he was not allowed to carry. His appalling actions put everyone—including officers who were there to ensure public safety—in danger,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “This case should serve as a reminder that the FBI and our law enforcement partners will bring all of our investigative resources to bear on those who choose to instigate violence under the guise of peaceful protests.”

“With an illegal firearm, John Boampong shot in the direction of my police officers while thousands of people were expressing their First Amendment rights on June 1, 2020,” said Police Commissioner William G. Gross.  “I hope today’s guilty plea will remind people that the Boston Police Department will continue to work with our partners in the Federal Bureau of Investigations and the United States Attorney’s Office to send a clear message that committing violent crime in our city, against our residents, and my officers, will not be tolerated.”  

“The peaceful protests of the police killings of George Floyd, Breonna Taylor and other Black and brown people were, unfortunately, marred by the dangerous and criminal acts of a small number of individuals,” said Suffolk County District Attorney Rachael Rollins. “John Boampong was one of those individuals who put the lives of protesters and police in danger. Violence will not be tolerated in our communities. I’m grateful to have the partnership of the U.S. Attorney’s Office in efforts to hold individuals accountable for acts of violence while ensuring the ability of protesters to assert their First Amendment rights and speak out against injustice.”

According to court documents, on the evening of May 31, 2020 and continuing through the morning of June 1, 2020, what began as a peaceful demonstration in Boston’s Back Bay neighborhood devolved into widespread acts of violence, vandalism, looting and destruction of police property, including the burning of at least one police vehicle on Tremont Street. Some protestors threw rocks, bricks and commercially-available explosives, such as M-80s, at police officers. Numerous police officers were injured.

On June 1, 2020 at approximately 3:00 am, Boampong was driving his car near the Arlington Street and Boylston Street intersection in front of a store that had been victimized by looting that evening. Police officers instructed Boampong and his passengers to leave the area. The occupants of Boampong’s car initially became verbally combative towards the officers and failed to leave the area as instructed. When Boampong reversed the car, officers told him to stop, as officers and another vehicle were in the way. However, Boampong continued driving in reverse and then drove away. Shortly thereafter, he returned to the area, parked on Providence Street, and shot at least 11 times toward officers, including a deputized federal officer. The officers took cover by bracing or ducking behind cars and other objects. Bullets broke through the windows of two apartments above ground level in a building behind some of the officers.

When officers eventually stopped Boampong’s car, they saw a Sig Sauer P230 9mm firearm lying on the floor of the front passenger-side floor mat, and a black holster underneath the driver’s seat, where Boampong had been sitting. The firearm was later examined and found to have Boampong’s fingerprint on it.

At the time, Boampong was prohibited from possessing a firearm or ammunition because he faced pending state charges carrying potential sentences exceeding one year.

The charge of assaulting federal officers provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charges of interfering with law enforcement officers during a civil disorder and being a prohibited person in receipt of a firearm or ammunition provide 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.

U.S. Attorney Lelling, FBI Boston SAC Bonavolonta, Boston Police Commissioner Gross and Suffolk County District Attorney Rollins made the announcement today. Assistant U.S. Attorney John Dawley of Lelling’s Organized Crime and Gang Unit and Assistant U.S. Attorney Scott L. Garland, Deputy Chief of Lelling’s National Security Unit, are prosecuting the case.

BOSTON – The owner of a firm that provided payroll and payroll tax services to small businesses in New England was charged and agreed to plead guilty to a scheme to defraud her clients by diverting the funds set aside by her clients for payroll taxes. 

Patricia Lindau, 65, of Newburg, Maine, was charged and has agreed to plead guilty to one count of wire fraud and one count of tax evasion. According to the plea agreement filed today, the government will recommend a sentence of incarceration at the low end of the Guidelines sentencing range, one year of supervised release and restitution of $1,393,430. A plea hearing has not yet been scheduled.     

As alleged in the charging document, between 2017 and the spring of 2020, Lindau engaged in a scheme to defraud many of her clients by failing to pay over to the Internal Revenue Service and Massachusetts Department of Revenue (Mass. DOR) the payroll taxes that she withdrew from her clients’ bank accounts. Lindau used her access to her clients’ accounts to transfer funds that were to be used to satisfy her clients’ payroll tax liabilities into her firm’s business checking account. Lindau then sent each client a weekly report falsely indicating that the funds had been paid over to the IRS and Mass. DOR.  

When Lindau’s clients received letters from the IRS and Mass DOR indicating that their payroll taxes had not been paid, Lindau lied to the clients and falsely told them that the IRS or Mass. DOR letters were a mistake and that she would take care of it. In some instances, she then paid the taxes late.

Lindau’s scheme continued into the first quarter of 2020 when most of her clients closed due to COVID-19 and then discovered that their employees’ payroll taxes had not been and were not being paid. 

Over the course of the scheme, Lindau failed to pay over when due more than $2 million and caused a net loss to her clients of over $1.1 million.  

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

United States Attorney Andrew E. Lelling; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation; and Marikae Toye, Director of the Criminal Investigations Bureau, Massachusetts Department of Revenue made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.

BOSTON – Two Malaysian nationals pleaded guilty today in federal court in Boston to conspiring to illegally export firearm parts from the United States to Hong Kong.

Lionel Chan, 36, who previously resided in Brighton, Mass., and Muhammad Mohd Radzi, 27, who previously resided in Brooklyn, N.Y., each pleaded guilty to conspiring to violate the Arms Export Control Act. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for May 28, 2021.

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 interdicted by Hong Kong authorities and found to contain numerous firearms parts, including a firing pin and gun sight, which were export controlled. Like Chan, Radzi failed to obtain an export license for any of these shipments.

The charge of conspiring to illegally export controlled firearm parts from the United States provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew Lelling and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigation in Boston made the announcement today. The Massachusetts State Police and U.S. Customs and Border Protection also assisted in the investigation. Assistant U.S. Attorney Jason A. Casey of Lelling’s National Security Unit is prosecuting the case.

BOSTON – A Taunton man was sentenced yesterday in federal court in Boston in connection with possessing over 1,000 videos and images of child pornography.

Ronald Walsh, 68, formerly of Mashpee, was sentenced to seven years in prison, five years of supervised release and ordered to pay $15,300 in fees and penalties. In February 2020, Walsh pleaded guilty to two counts of distribution of child pornography and one count of possession of child pornography. 

In August 2018, an undercover officer downloaded child pornography from a collection Walsh made available to others on the internet. In November 2018, a search was executed at Walsh’s home in Mashpee where child pornography was located on Walsh’s computer. During a forensic review of the hard drive, over 1,000 videos and images of children being sexually exploited were identified.

United States Attorney Andrew E. Lelling; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; Mashpee Police Chief Scott Carline; Barnstable County Sheriff James Cummings; and Barnstable Police Chief Matthew Sonnabend made the announcement. The U.S. Secret Service provided assistance with the investigation. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A Swampscott man was arrested and charged today with bank fraud in connection with a scheme to defraud an elderly victim and her bank by stealing the victim’s retirement assets.

Felix Gorovodsky, 29, was charged by criminal complaint with one count of bank fraud. 

As alleged in the complaint, Gorovodsky previously served as a financial advisor and power of attorney, with fiduciary responsibilities, for the elderly victim. The elderly victim, however, terminated that advisor relationship and revoked the power of attorney in July 2019.  Approximately nine months after he was notified that the victim had terminated the relationship, Gorovodsky accessed and liquidated the victim’s bank account, transferring more than $250,000 of the victim’s retirement assets into his own bank account. Gorovodsky then used the stolen funds for personal expenses, including paying off more than $100,000 in federal student loans.  To legitimize the transfer, Gorovodsky forged the victim’s signature on a purported “gift letter,” that he sent to the bank in an attempt to legitimize the fraudulent transfer.

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

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today.  The Department of Education, Office of Inspector General provided valuable assistance with the investigation. Assistant U.S. Attorney Ian Stearns of Lelling’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 Roxbury man, who was previously convicted of cocaine distribution, pleaded guilty today to illegal possession of a semiautomatic pistol and ammunition. 

Daiquan Lucas, 28, pleaded guilty to being a felon in possession of a firearm and ammunition. U.S. District Court Senior Judge Douglas P. Woodlock scheduled sentencing for May 24, 2021. Lucas was indicted in October 2020.

On June 18, 2020, Lucas possessed a Bryco Arms model 38, .32 auto caliber semiautomatic pistol, loaded with 4 rounds of .32 caliber ammunition. Due to a 2017 conviction in federal court of distribution of cocaine base, Lucas is prohibited from possessing firearms and ammunition. Lucas was on federal supervised release at the time of this offense.

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

United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today.  The case is being prosecuted in Lelling’s Organized Crime and Gang Unit.

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

BOSTON – A Worcester couple was arrested today and charged in connection with fraudulently applying for business loans under the CARES Act, and then spending the money on personal expenses.

Lucy Oworae, 56, and her husband, Richard Oworae, 59, were charged by criminal complaint with wire fraud and making false statements. They will make an initial appearance before U.S. Magistrate Judge David H. Hennessy this afternoon.

According to the charging documents, between late July 2020 and late August 2020, Lucy and Richard Oworae schemed to defraud the Small Business Administration (SBA) by submitting applications through SBA’s website for at least three Economic Injury Disaster Loans (EIDL) totaling approximately $194,700. The Oworaes fraudulently applied for EIDL loans, provided false statements on the loan applications and misappropriated the loan funds for their personal use.  

The Oworaes allegedly created fictitious companies for the purpose of fraudulently applying for EIDL loans, and spent funds obtained from that fraud on unauthorized personal expenses and to make money transfers through a money-remitter business based in Tanzania to numerous individuals residing in Ghana.  

EIDL funds are available to eligible individuals and businesses pursuant to the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The provisions of the CARES Act allowed for the SBA to offer EIDL funding to business owners negatively affected by the COVID-19 pandemic. The provisions of the EIDL program require that loan proceeds only be used on certain permissible business expenses, which can include payment of fixed business debts, payroll, accounts payable, and other business-related expenses that could have been paid had the COVID-19 disaster not occurred.

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

United States Attorney Andrew E. Lelling; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; and Matthew Modafferi, Special Agent in Charge of the U.S. Postal Service Office of Inspector General made the announcement today. Assistant U.S. Attorney Danial Bennett of Lelling’s Worcester Branch Office is prosecuting the case.

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

BOSTON – U.S. Attorney Andrew E. Lelling announced today that the District of Massachusetts collected more than $235 million in criminal and civil actions in Fiscal Year 2020. Of this amount, $208,282,537 was collected in civil actions, including $77,933,472 in restitution for crime victims, and $27,194,175 was collected in criminal actions.   

“I’m proud of the work the civil and criminal prosecutors in my office have done to secure more than $235 million in collections, restitution to crime victims, and asset forfeitures, in 2020 alone,” said U.S. Attorney Andrew E. Lelling. “The District of Massachusetts has long been a leader in financial recoveries in the areas of health care fraud, securities fraud and civil settlements, and we will continue to aggressively pursue collections that return money to victims of crime and U.S. taxpayers, and deprive criminals of their ill-gotten gains.”

The 94 U.S. Attorney’s Offices jointly collected over $8 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2020. The $8,064,931,805 in collections in FY 2020 represents nearly four times the appropriated $2.25 billion budget for the 94 U.S. Attorneys’ Offices.

The largest civil collections were from affirmative civil enforcement cases by the Office’s Affirmative Civil Enforcement Unit, which recovered government money lost to fraud or other offenses. Settlements with three pharmaceutical companies for illegal use of third-party foundations as conduits to pay kickbacks account for the office’s largest civil collections. In September 2020, Gilead Sciences paid $97 million and Novartis paid $51 million in July 2020, and Sanofi-Aventis paid $11.85 million in February. 

In addition to these civil and criminal collections, in Fiscal Year 2020 the Office’s Asset Recovery Unit was responsible for the collection of $77,933,472 in restitution for crime victims, as well as forfeiture of $22,449,306 in criminal proceeds or other property involved in crimes. The Asset Recovery Unit locates, seizes, and forfeits proceeds of crime, including health care fraud, securities fraud, mail and wire fraud, drug trafficking, as well as money and property involved in money laundering. The Unit pursues forfeiture of ill-gotten gains both domestically and abroad and works closely with units across the Office and its law enforcement partners to ensure that crime doesn’t pay. Forfeited assets deposited into the Department of Justice Asset Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.

U.S. Attorneys’ Offices, along with the Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.