Boston Criminal Lawyer Blog

Raymond A., 51, of Hampden, (hereinafter, the “Defendant”) was hungry. He just wanted a burger. But he was watched by an ambulance driver. Now, he needs an attorney.

Springfield District Court was the venue for the Defendant’s little adventure to end. According to law enforcement, he had been driving under the influence of alcohol.

The adventure began at approximately 2:00 a.m. as an AMR ambulance driver observed the Defendant’s pickup truck driving erratically in AMR’s parking lot, according to Sgt. John M. Delaney, executive aide to Police Commissioner William J. Fitchet.

Perhaps thinking that his services might be needed at any moment, the ambulance driver followed the truck.

She did this while keeping the police informed of the truck’s route of travel while keeping it in sight.

Finally, she followed the truck into a McDonalds on Boston Road, where the Defendant, the driver of the truck, attempted to order food from a drive-up window.

There was a problem with the service…there wasn't any. The place was closed.

Continue reading "Boston Road Drunk Driver Asked, “Do You Want A Lawyer With That Burger?”" »

In Massachusetts, Holbrook police are investigating a complaint by a juvenile girl that videotaped footage of her having having sexual intercourse with her boyfriend was texted to classmates and friends. Both the girl and her boyfriend are minors. The Norfolk District Attorney is investigating the girl’s claims and a “statutory rape” charge may be filed.

This is not the first Massachusetts sexting incident to garner media attention. Earlier this month, three students from Mansfield High School were suspended. They are accused of downloading naked pictures of a classmate who is a minor. The pictures were also posted on the Internet and handed out in print format around the Massachusetts school.

Last month, a number of middle school students in Falmouth were accused of transmitting naked pictures of a 13-year-old female via text message. In January, over 100 cell phones in Billerica may have received and/or sent a naked picture of a 14-year-old girl.

In Massachusetts, sexting is being treated as a sexual crime that could result in adult charges and penalties, including time behind bars and mandatory registration as a sex offender. Meantime, prosecutors in other US states are also treating this latest teen craze seriously.

In Pennsylvania, a 15-year-old girl is suing a local prosecutor who is threatening to file an open lewdness charge against her and a friend for taking pictures of themselves in their bras and transmitting them via text. The teen, Marissa Miller, claims she did nothing wrong.

In another sexual crimes-related case involving a teenager using current technology to express her sexuality, child pornography and distribution of child pornography charges were filed in New Jersey against a 14-year-old girl who posted almost 30 nude pictures of herself on her MySpace Web site.

These arrests are sparking a debate on whether filing criminal charges is the right penalty for these teens, especially as many of them may not even be aware they are breaking the law.

’Sext’ flick shocker: Holbrook police investigating phone video, Boston Herald, March 30, 2009

Girls threatened with porn charge sue prosecutor, AP, March 26, 2009

NJ girl, 14, arrested after posting nude pics on MySpace, Boston Herald, March 27, 2009

Related Web Resources:
Juvenile sex crimes far from uncommon, WickedLocal.com, February 10, 2009

‘Sexting’ in Massachusetts Could Lead to Child Pornography Charges and Sex Offender Status, Altman & Altman, LLP, March 24, 2009

"Sexting" Shockingly Common Among Teens, January 15, 2009

Massachusetts Sexual Offender Registry

Continue reading "Holbrook Police Investigate Massachusetts Sexting Case Involving Teen Minors Having Sex on Video; Statutory Rape Charge May Be Filed" »

Late 2008 and 2009 (so far) may go down in history as one of the worst times nonprofit organizations have had in terms of thievery. The daily Boston Criminal Law Blog has spent a great deal of time discussing the Bernie Madoff nightmare as well as other white collar fiasco’s which have targeted individuals as well as charities.

Here’s another one for your collection.

Last Tuesday, Andrew M., 33, of Weymouth (hereinafter, the “Defendant”) was sentenced to two years in prison by federal court judge George A. O’Toole. He has been convicted on Massachusetts white collar crimes of stealing $130,202 from a non-profit Boston community health center over a two-year period. Specifically, he pleaded guilty to embezzling the money from Dimock Community Health Center Boston in October, 2008.

After he has served his time in custody, the Defendant will begin a three years of supervised probation.

As you may recall from earlier postings, the crime of embezzlement involves the intentionally mishandling of funds entrusted to you for your own personal gain. In the Defendant’s case, his duties had required him to maintain various financial accounts that included checking, savings, money market and payroll for Dimock. He was also responsible for conducting daily cash transactions for business purposes, maintaining financial reports and cash deposit slips.

Not a bad job for a guy who already had an extensive criminal record.

Continue reading "Boston-Area White Collar Suspect Found Guilty Of Embezzlement " »

Yesterday, the daily Boston Criminal Lawyer Blog visited the subject of prostitution prosecution with more than a little sarcasm and attempts at humor. I trust I have made my position known as to prosecution prosecutions, not that you asked. The fact is, however, that prostitution is illegal regardless of my opinion. As such, being arrested for it can lead to jail time.
It can also ruin your life in other ways.

Take, for example, a recent case in Haverhill District Court. Malissa M., 29, (hereinafter, the “Defendant”), was arrested on charges of operating a house of prostitution. At the same time as her alleged crimes, she was on Massachusetts probation and going to school. She also had custody of her daughter.

Now? After she explained these concerns with the seemingly sympathetic police officers?

All three of these things, as well as her liberty, are at great risk.

The Defendant decided, instead of getting the advice of a lawyer first, to talk to law enforcement. The police often invite these types of conversations holding out the hope of leniency. Under Massachusetts law, they are allowed to mislead and blatantly lie, in order to gain a confession. Generally, there is no such leniency. In fact, it is not even the officers’ discretion once the district attorney becomes invo9lved. There is, however, a stronger case for the prosecution as a result of such statements.

Continue reading "North Of Boston-Prostitution Charges - The Sequel" »

Today, the daily Boston Criminal Lawyer Blog checks in on the World’s Oldest Profession and the brave men and women in uniform who combat it every day.

Yes, it is time for a story about law enforcement vs. prostitution.

First, it would appear that a favorite tool of law enforcement is still the Craig’s List web site. This time, the threat to humanity was in Danvers where, earlier this month, two women were investigated and arrested after advertising on Craigs’s List.

Fatima B., 19, of Tewksbury, (hereinafter, “Defendant 1”)was arrested at a Motel 6 in Danvers on Friday, March 6, at 9:52 p.m. Danielle S. 25, of Revere, (hereinafter, “Defendant 2”) was also arrested at the scene, at 8:59 p.m. Danvers police arrested the two women after contacting them through Craig’s List, Danvers Police Chief Neil Ouellette said. Both women were charged with engaging in sexual conduct for a fee.

Continue reading "North Of Boston, Two Face Prostitution Charges" »

Yesterday, outrage erupted in Natick District Court as a Boston homeless shelter resident stood with his attorney as his victims demanded his incarceration. The dramatic scene unfolded when the mother of a sexually abused child chastised the judge for allowing a sexual offender to remain free despite alleged parole violations.

John C., a level 3 sex offender (hereinafter, the “Defendant”) has already been convicted of assaulting Rachel F.’s (hereinafter, the “Mother”) 9-year-old daughter. Upon his release from serving a part of his sentence, he was ordered by the court to wear a GPS monitoring bracelet.

He has not done so.

The Defendant was given several months to comply with a court order to find new housing or find a way to charge the GPS device. He has been living at a local shelter For Homeless Veterans since being released from prison in December.

Without the GPS device.

Now, he was given more time to correct the violation.

Continue reading "Boston Sex Offender Faces Jail Time For Parole Violations" »

As any regular reader knows, the daily Boston Criminal Lawyer Blog regularly announces membership news of the “Hey, I Bet I Can Make This Situation Worse” Club. Today, to the north of Beantown, we have a new member...who should be national chairman.

When he gets out of custody, that is.

Tyler L., 20, (hereinafter, the “Defendant”) had a bad couple of days recently. First, he decided against showing up for a court date for a recent Massachusetts Assault and Battery matter (alleged victim: his mother...making it a domestic violence situation). The next day, he led the police on a 10-mile chase.

He did not do so well in either matter. The police caught him. So did the warrant for not showing up in court.

Now, Judge Mori at Salem District Court has revoked the Defendant's bail in that pending case and set additional bail of $5,000 on the new charges stemming from Friday's police pursuit.

The Defendant was driving a red Honda coupe with an equipment violation at about 2 p.m. on March 20 when it caught the attention of Officer Darlene Prinz. The Defendant then allegedly did what any straight-thinking nominee to the HIBICMTSW Club with a warrant out and having a police car behind them.

He blew a stop sign.

Continue reading "Domestic Violence Defendant Gets New Charges And Needs Miracle Lawyer" »

In the United States, a number of arrests involving teenagers and young adults ‘sexting’ have led to media speculation about this new activity that has grown popular among young people. ‘Sexting,” involves sending nude or semi-nude pictures via text message.

While this may appear like a new and harmless way for teenagers especially to express their raging hormones, law enforcement officials and school authorities are taking this new form of texting seriously. Students in at least 12 US states have been charged with possessing and sending child pornography.

In Massachusetts, six Falmouth middle school students, ages 12 to 14, were brought in for questioning over a picture of a partially nude 13-year-old girl that was sent via text message in January. Five of them may face child pornography charges. If convicted of this Massachusetts felony crime, they would have to register as sexual offenders.

In Kansas, seven people, including five minors were arrested for using their cell phones for ‘sexting’ nude photos. In California, Orange County middle school students were suspended after a 14-year-old girl’s nude pictures were sent via text to other students.

According to the National Campaign to Prevent Teen and Unplanned Pregnancy, one in five teenagers admits to sending out semi-nudes or nude photos of themselves via text messaging. 39% of teens say they have sent sexually suggestive messages, while 48% say they have received such messages.

In many instances, a ‘sexting’ youth may not even know that he or she is doing anything illegal and is just having fun or trying to fit in. Yet ‘sexting’ is hardly a child’s game, considering that a felony charge for child pornography can have serious, adult-like ramifications.

Report: Boy Won't Be Charged In 'Sexting' Case, WBZ.com, March 7, 2009

Los Alamitos Students Caught 'Sexting,' MSNBC.com, March 19, 2009

'Sexting' Teens May Face Child Porn Charges, ABC News, February 12, 2009

Related Web Resources:

Sex + Texting = Sexting, Washington Post, December 10, 2008

National Campaign to Prevent Teen and Unplanned Pregnancy

Continue reading "‘Sexting’ in Massachusetts Could Lead to Child Pornography Charges and Sex Offender Status" »

We have heard some real horror stories regarding people in the financial industry lately. The name “Bernie Madoff” still brings shivers to many people’s spines. Since the discovery of Madoff’s white collar crimes, other such crimes seem to be coming to light. You have read a number of these in this daily Boston Criminal Lawyer Blog.

But a certain former senior vice president from a white-shoe Boston wealth management firm has gained notoriety in a different way.

He is alleged to be a flasher.

Stephen B., 40, (hereinafter, the “Defendant”) was arrested on March 11th for exposing himself to young women and is also being eyed as the flasher dubbed the “campus flasher” who preyed on Wellesley College students, according to the Boston Herald.

According to law enforcement, the Defendant was spotted by campus police while he was fondling his exposed genitals. He was charged with indecent exposure and open and gross lewdness, said Wellesley Police Deputy Chief Bill Brooks. If convicted, the Defendant will have to register as a sex offender.

The Defendant also is being eyed in connection with other lewd acts that prompted a “campus crime alert” last month, two law enforcement officials said.

Continue reading "Boston-Based Sex Offender Leaves World Of Finance For That Of Law" »

It was not an uncommon news story on Wednesday in Springfield. A Multi-defendant drug bust of heretofore unknown budding defendants. You know the drill…”high-crime area”, “ongoing investigation”, attorneys’ arguing bail and mouthing “not guilty” for their clients to recite when asked by the court.

Sergeant John Delaney of the Springfield Police Department proudly announced the arrests of John C., 27; Karla T., 24; and Robert W,, 37. (hereinafter, collectively the “Three Defendants”) as part of the bust.

The arrests followed an ongoing investigation. After conducting an hour of surveillance, watching drug sales of crack and marijuana, the police arrested two alleged sellers and one alleged buyer. on Carter and Tapia at Union and Orleans Streets, detectives observed the duo routinely making sales of crack and marijuana. After police observed Walter receive a sale, police followed him out of the vicinity and arrested him.
The arrests of the alleged drug dealers went down without incident. The alleged buyer, however, fought back and tried to swallow the evidence.

He lost the battle.

Continue reading "Massachusetts Drug Traffic Continues" »

In case all the reports of white collar crimes and pop icons assaulting each other, do not get the idea that plain everyday crimes like Massachusetts Breaking and Entering, aka the felony of Burglary, do not happen anymore. In fact, Steven M., 47, of Boston (hereinafter, the “Defendant”) is facing the music for a string of break-ins right now.

The Defendant is believed to be responsible for a string of home break-ins throughout the winter. Learning that the Brookline Police Department had issued a warrant for his arrest, he turned himself in last week.

The turning point in the investigation? DNA evidence.

Police got the DNA in December after a detective investigating the recent rash of break-ins saw someone walking down Winchester Street disappear down an alleyway to go behind a Fuller Street apartment complex, the scene of recent break-ins. The officer then observed the Defendant allegedly trying to stuff a flat screen TV into a duffel bag. He ordered the Defendant out of the area and he reportedly fled.

But he left the duffel bag behind.

Continue reading "Boston-Area Burglary Spree Comes To An End" »

Boston waits, along with the rest of the world, for the next episode of the latest show biz soap opera. In case you have not heard…it involves Chris Brown and Rihanna, two well-known stars in the music world. The next episode is expected to air in April, when Mr. Brown is scheduled to be arraigned on charges of assault likely to cause great bodily injury and making criminal threats. The complainant? His girlfriend and fellow star, Rihanna,

The plot twist?

Rihanna seems to be on the side of her battling beau.

On a previous episode, the judge was ready to order Brown to stay away from Rihanna, as is customary in Domestic Violence cases. But the objection came from Rihanna, who asked the judge not to prohibit such contact while he faces these felony charges.

The judge granted her request, but ordered that Brown not abuse or intimidate her in the meantime. According to her attorney, that was “more than sufficient”.

Whatever that means...!

Continue reading "Domestic Violence Starring Chris Brown And Rihanna Takes Center Stage " »

Massachusetts white collar crimes are often investigated without the target of that investigation having any idea that they have come under scrutiny. There are a number of business-related crimes that are prosecuted all the time. Often, it is that Attorney General’s Office, rather than the District Attorney’s Office that performs these investigations and resulting prosecutions. Last Wednesday, one such prosecution came to an end. It involved an alleged embezzlement in Boston's neighbor, Stoneham.

The matter was not simply prosecuted in the local district court, however. The AG’s Office indicted Patrice M., 51, of Somerville (hereinafter, the “Defendant”) and pursued the matter in Middlesex Superior Court.

The Defendant pleaded guilty to various crimes including False Entries in Corporate Books, Forgery, and Larceny over $250 by Continuous Scheme. The allegations of theft were brought by the Defendant’s former employer, for whom she had worked as the company’s senior accountant.

The Attorney General’s Office began its investigation after the matter was referred by the Defendant’s former employer. Investigators determined that while working as the senior accountant for the Stoneham-based non-profit organization, the Defendant stole $126,000 between June, 2001, through October, 2004. This was apparently done by stealing company checks and making them payable to herself, either by forging the signatures of authorized company officers or using a signature stamp, and then depositing the checks into her personal bank account. She then made false entries on the company’s financial records to conceal the theft.

Continue reading "Embezzlement In Stoneham Results In Guilty Plea" »

Two years after the death of former Playboy Playmate Anna Nicole Smith, Howard K Stern, her boyfriend and attorney, and two of her doctors have been charged with conspiring to supply her with controlled substances from July 2004 through January 2007.

The two doctors are Khristine Eroshevich and Sandeep Kapoor. The two of them and Stern allegedly prescribed, dispensed, or gave a controlled substance to Smith, who was a drug addict. They are accused of conspiring to and providing the former model-turned reality star with thousands of prescription pills prior to her death.

Smith died from an accidental prescription drug overdose in February 2007. She was just 39. 11 prescription drugs were found in her hotel room at that time. Some of the medications were prescribed to Smith using aliases, while other drugs were prescribed to Stern.

Stern and Kapoor were both arrested last week and released on $20,000 bond. Eroshevich is expected to turn herself in. Her criminal defense lawyer says that Eroshevich only provided prescription drugs to Smith under other names to protect the star's privacy.

Stern faces six criminal felony counts while the doctors have been charged with seven.

Smith’s drug overdose death came just months after her son Daniel, 20, died after taking a deadly mix of drugs and while Stern and Larry Birkhead, another former Smith boyfriend, waged media and legal battles over which of them was the biological father of Dannielynn, Smith’s baby girl. DNA tests eventually confirmed that Birkhead was the father.

Following Stern’s arrest, his attorney issued a statement calling all the accusations against him false. She expressed confidence that the drug charges against him would be dropped and she cautioned the media to allow Stern to be presumed innocent unless he is proven guilty in a court of law.

Lawyer, MDs Charged in Anna Nicole Smith Case, The Washington Post, March 14, 2009

Howard K Stern's Attorney Issues a Statement, ET Online, March 13, 2009

Related Web Resources:
Anna Nicole Smith collapses, dies at 39, MSNBC, February 9, 2007

Birkhead named baby's dad; Stern won't fight for custody, CNN.com, April 10, 2007

Continue reading "Howard K Stern and Two Doctors Charged with Providing Controlled Substances to Anna Nicole Smith" »

Unless you were in media-deprived seclusion yesterday, you have already heard that Bernie Madoff went to court and never went back home. While Bernie adjusts to his new multi-million dollar residence (paid for, like his penthouse apartment, by others), The Boston Criminal Lawyer Blog now reviews the star swindler’s performance as his "15 minutes of fame” seems to near its end.

Don’t misunderstand me…the results of his white collar crime will be with us much longer than said 15 minutes.

What once was considered a well-respected investment professional now had to wear a bulletproof vest to court.

Bernie pleaded guilty yesterday. He has not yet been sentenced. However, in play was the issue of whether or not he would be allowed to stay home pending sentencing. Apparently, he would not have the prosecutors to help him with that issue as everyone says that no deal has been struck between the federal prosecutors and the defense.

So how to try to stay home and get as gentle treatment from the System as possible? Well, if your “golden tongue” helped you outsmart the world for many years, why not go with what works?

So, Bernie made a speech.

Continue reading "The Boston Criminal Lawyer Blog Reviews The Madoff Nightmare’s Engagement In Federal Court" »

Not too far from Boston is the town of Natick. Natick had a couple of problems this past Tuesday evening. One of those problems got away. The other one, Aretha B., 33 of Worcester (hereinafter, the "Defendant") did not. She was arrested, given a free trip to the local courthouse, the services of an attorney and a new court date.

The incident happenned at Neiman Marcus.

According to a security officer, he saw the pair( the Defendant and an as-yet unidentified gentleman) walking around the store. At some point, said gentleman took an expensive belt off the rack, handed it to the Defendant, who hid it in her jacket.

They left the store, and the guard confronted them.

According to police spokesman Lt. Brian Grassey, the lovely couple struggled with the security officer, the gentleman trying to free the Defendant from the grip of the officer. Apparently, there is a security video which depicts the struggle.

The store security officer was nonetheless able to grab the Defendant and bring her back to the police officer. The video shows her accomplice walking off.

Continue reading "The Boston Criminal Lawyer Blog Visits Theft In Natick" »

It is time for the “Hey, I’ll Bet I Can Make This Situation Worse” Club to announce its new spin-off organization, “Bet They Nail Me This Time!” I would like to nominate for the BTNMTT initial poster child a certain 19 year old woman, Elizabeth F. (hereinafter, the “Defendant”). Lately, she hails from Norfolk. However, back in 2006, she and her lawyer were trying to keep her free after she was involved in a Boston fatal hit-and-run case.

On Sunday, the Defendant, still on probation for the earlier case, was arrested in Ashland on drunk driving charges after she was found passed out behind the wheel of her car that had gone off the road, police said.

She was not alone this time. She was with elder 20 year old Carrie O. (hereinafter, the “Co-defendant”)… who was also passed out in the car.

As a result of their investigation, police say that the women appeared to be passed out from alcohol, not from any injury they received when the car crashed into a snow bank.

Fortunately, nobody was on the receiving end of the vehicle this time.

Continue reading "Former Boston Hit And Run Driver Must Have Golden-Tongued Attorney After Driving Drunk" »

Police in Massachusetts say they believe that the increase in car break-ins, burglaries, scams, larcenies, and domestic violence crimes throughout the state can be attributed to the recent economic crisis. For example, the Boston Globe is reporting that in:

• Lawrence, Massachusetts: Burglaries have already increased by 52% compared to last year.
• Lowell, Massachusetts: There has been a 21% increase in thefts and larcenies, as well as an increase in fraud cases.
• Hingham, Massachusetts: Between October 2008 through February 2009, there were 57 reports of domestic violence-related crimes (up from 35 domestic violence incidents the year prior).
• Boston, Massachusetts: While large crimes are down throughout the city, certain areas have seen an increase in robberies, thefts, and burglaries.
• Between January 1 through March 1, 2009, the Suffolk district attorney’s office assessed 256 child abuse cases, which is almost twice the number of cases reported for the same period in 2008.

According to police, loss of work, loss of income, foreclosures, and loss of quality of life may be leading to desperation, frustration, anger, stress, arguments and fights between couples and business partners, drinking, and drugs.

Police departments throughout Massachusetts are also reporting some unusual crimes that could be a further reflection of the tough times that people are facing:

• A Ludlow bank was robbed two times in a little over a year in a town that hadn’t experienced a bank robbery in 20 years.
• In Hingham, one man was accused of assaulting his spouse after he was laid off from work.
• One Quincy theft crime that occurred last December involved robbers taking three snowplow blades.
• Domestic violence programs throughout Massachusetts are reporting an increase in the number of battered women asking for help.

It doesn’t help that the economic crisis is forcing police departments to cut back on budgets, which means there are less resources and staff to deal with the increase in Massachusetts crimes.

Economy fuels rise in crime, police say, Boston.com, March 10, 2009

Massachusetts Crime Rates 1960 - 2007, Disaster Center

Related Web Resources:
Massachusetts State Police

Continue reading "Massachusetts Police Say Economic Woes Have Led to More Break-Ins, Larceny, Domestic Violence, and Other Crimes" »

A while ago, this daily Boston Criminal Lawyer Blog posted a story about the groping problem on the Boston “T”. For those of you who would like to review, you can find the posting here.

Well, the problem continues.

On Friday, Carlos D. of Dorchester (hereinafter, the “Defendant”) was arrested. He is accused of assaulting and groping passengers on a Massachusetts Bay Transportation Authority trolley.

MBTA police said they were called to the Coolidge Corner MBTA stop in Brookline at about 10:15 p.m. Friday for a report that a man assaulted several people on a trolley car. One woman told MBTA police that the Defendant put his hand on her buttocks as she rode the C Line trolley. The woman's boyfriend told the Defendant to get away from her, and the couple reported the incident to an MBTA employee.

Another woman told police that the Defendant touched her repeatedly in the shoulder. When a man stepped between them, the man said the Defendant "violently" pushed him in the chest, according to the police report.

Yet another woman claims he touched her face.

Continue reading "The Boston Criminal Lawyer Blog Revisits Sexual Assaults On The MBTA" »

Last week, he was trying to get to Boston. Now, he is in Bridgewater. The state hospital, that is, for a mental evaluation. He was not going to make it to his desired location anyway. The prosecuting attorney already convinced the court to hold him without bail.

It is the tale of Jquan D., 30 (hereinafter, the “Defendant”). Last Wednesday night, he allegedly carjacked a car, and kidnapped three women, for his wild ride. Those felonies were not enough for the Defendant, though. He is also said to have repeatedly punched and threatened to rape and kill the women whom he ordered to drive to Boston. According to police reports, the Defendant kept explaining that he did not want to strike them, but “the spirit is going to get him”, which, apparently, caused him to nonetheless hit the 21 to 22 year old women several times.

One of the women lives in Fitchburg. The other two had come to visit when the ordeal began. The three women were outside the car, and the driver told police she had gone to move items into the back when the Defendant, who she did not know, approached and said the women were supposed to get into the car.

“She stated that once she saw him, he was striking her friend in the back seat and that he would kill them all,” Officer James S. McCall wrote in his report. “She stated that she started to resist when she was struck in the mouth by him.”

The punch sent her tooth into her lip, she said, and the man continued to hit her as she drove and made repeated threats to kill them.

Continue reading "Harrowing Drive To Boston Leads Alleged Sex Crime Carjacker To Court, Defense Attorney And Incarceration" »

It’s been awhile since we checked in on the Bernie Madoff, the latest superstar of the Boston-created ponzi scheme. Once a larger-than-life society figure, he is now reduced to spending his time in his larger-than-life New York apartment, talking to his attorneys and hoping to avoid a smaller-than-life jail cell. As predicted by this daily blog many times, however, the finger of suspicion and blame in this case is too large for just one man.

For example, we have already explored in earlier postings (look under the blog's White Collar Crimes section to review) the pressures brought upon out-of-state Madoff associates to come up to Boston to answer questions by regulators. We have also witnessed how the regulators themselves have been on and off the hot seat. Then, there have been questions about Madoff’s wife and her habits with the United States Postal service.

Now, as sensitivities to this kind of thing have grown, a Massachusetts man has been accused of stealing $57 million from the descendants of a 19th century industrialist and using the money on personal extravagances, including three private jets.
John D. , 60, of Topsfield (hereinafter, “New Defendant”) was charged in a federal indictment Wednesday of assessing millions in phony fees, transferring company funds to himself and hiding the theft with various schemes, including false financial statements. New Defendant faces up to 20 years in prison, if convicted for the Massachusetts white collar crimes.

The U.S. Attorney's office said in the indictment that New Defendant had stolen "more than $20 million" from Tenens Corporation, which was created to manage trusts for more than 100 descendants of the late Frederick Ayer Jr., who owned textile mills in Lowell. In a May 2008 lawsuit by Tenens against its auditors, the company estimated the theft at $57 million. Tenens attorney said New Defendant "looted" the family and "joins the likes of disgraced money manager Madoff…The family is heartbroken by [New Defendant’s] personal betrayal, and stunned by the scope and audacity of his criminal acts".

Continue reading "The Boston Criminal Lawyer Blog Checks In With The Bernie Madoff Nightmare" »

How did you spend your Saturday night last weekend? Well, you can tell me about it (if you really want to call me about that), but a certain gentleman from Boston’s Northern Neighbor, Salem has only his own attorney to tell about it. And, if he wants to get out of jail anytime soon, he had better hope that the lawyer is gifted in spinning that story.

Ronald M. 46, (hereinafter, the “Defendant”) was arraigned this week on a series of charges stemming from the 12:50 a.m. crash at the intersection of Bridge and Webb streets, including second-offense drunk driving and a third offense of driving while under the influence of drugs, driving while his license was under suspension for a prior drunk-driving conviction, leaving the scene of a personal injury and property damage accident, driving to endanger, two counts of resisting arrest, and failing to stop for police.

Not only this…but he did it in a borrowed vehicle!

Prosecutors in Salem District Court promptly filed a motion requesting that he be held without bail. Judge Robert Cornetta scheduled a hearing on that request for Friday. In the meantime, the Defendant will remain in custody at Middleton Jail.

Police say the Defendant, driving a borrowed pickup truck, ran a red light and "T-boned" an SUV, sending it into a utility pole. The impact sheared the pole and crushed the SUV, trapping the driver. The driver had to be extricated from the wreckage but declined medical attention.

As police converged on the scene, the Defendant, apparently a member of the famed “Hey, I’ll Bet I Can Make This Situation Worse” club tried to flee, police said in a report.

Continue reading "North Of Boston Driver Finds That The Alcohol – Cocaine-Driving Combination Makes Prosecuting Attorneys Unhappy" »

Performer Chris Brown is due in court today over allegations that he assaulted pop star Rihanna, who is his girlfriend. According to a police search warrant, he is accused of biting and beating the 21-year-old pop star during an alleged domestic violence altercation that took place in his rented Lamborghini on the night before the Grammy Awards last month.

The couple were reportedly riding in the vehicle together when they got into a fight. He allegedly tried to make her get out of the car, but she was wearing a seat belt. He then allegedly punched her a number of times and bit her fingers and ears, even threatening to kill the female singer.

Someone who heard the couple arguing after they stopped in an affluent residential area reportedly called 911. By the time police arrived at the scene, Brown was no longer there but a woman was found beaten and bruised next to his Lamborghini rental. There are some reports indicating that Rihanna’s blood was reportedly found spattered in the car.

The 19-year-old singer was arrested on February 8 under suspicion of making criminal threats. Brown is also under investigation for felony battery. Prosecutors, however, have yet to charge him for any crime. Experts have been commenting that a plea agreement might be under negotiation to prevent felony charges from being filed against Brown.

In the meantime, the media is reporting that Brown and Rihanna reconciled last weekend and the couple are back together again despite the alleged assault incident. According to experts, a criminal case against him may be difficult to pursue if she won’t testify against him.

Chris Brown still not charged in Rihanna case; Mark Geragos happy, New York Daily News, March 5, 2009

Chris Brown repeatedly beat, bit Rihanna, report says, Los Angeles Times, March 5, 2009

Chris Brown arrested in battery investigation, victim suspected to be girlfriend Rihanna, New York Daily News, February 9, 2009

Continue reading "Singer Chris Brown to Appear in Court Over Domestic Violence-Related Allegations Involving Pop Star Rihanna" »

Hyannis, Massachusetts, is a land one does not often associate with gang wars and murder. However, today’s daily Boston Criminal Lawyer Blog examines one of its more tragic stories…one that sounds like it came out of a bad novel... or the Civil War. It is about two brothers who were brought up in a family business too often found these days…the Massachusetts drug trade.

Now, one brother is dead. His younger brother is charged with killing him.

Mykel M., 13, (hereinafter, the “Defendant”) is now accused of masterminding the slaying of his 16-year-old half-brother Jordon (hereinafter, the “Deceased”) so he could take over the drug operation — one police say they inherited from their father, who is in prison for running one of the biggest cocaine rings on Cape Cod.

The Deceased was found shot, stabbed 27 times and dumped into a pit, where his body was torched. Another 13-year-old friend and a 20-year-old cousin also are charged with murder.

The killing has shaken the normal quiet of winter on Cape Cod, the summer tourist destination known for its beautiful beaches, salt water taffy and famous residents. In fact, the Deceased lived just a few miles from the Kennedy compound in Hyannis Port.

Continue reading "The Boston Criminal Lawyer Blog Views The Remains Of A Boy Charged With Murdering His Brother To Control The Family Drug Trade" »

When my son was younger, he liked to go to a local Chuck E. Cheese restaurant for birthday parties. For those of the uninitiated, this is a child-oriented restaurant that has a game area and specializes in pizza. Every so often, a giant mouse in casual clothing (Chuck is a mouse…or rat, I have not decided) appears to sing and entertain a bit. Obviously, it is a person inside a big costume. The charade used to scare my son. I took that in stride. There was no physical contact. Today, the Boston Criminal Lawyer Blog explores a different family experience.

Same rat, though. Or mouse…

The non-animated cheese-related adventure ended in New Bedford on Monday. As a result, a gentleman from Fairhaven has been sentenced to pay a $500 fine after pleading guilty to assaulting a Chuck E. Cheese costumed mascot last year in Dartmouth.

Trahan P., 34, (hereinafter, the “Defendant”) ripped the mascot’s headwear off, pointed a finger at the man underneath the costume, and yelled at him because he thought the mascot had picked up his son and pinned him against a video game, court records said.

The incident occurred in May 2008 during a birthday party for the Defendant’s 11-year-old son at the Chuck E. Cheese restaurant in the Dartmouth Towne Center. During the party, the boy ran to his relatives crying, saying that “Chuck” the mascot had picked him up by the arms, pinned him against a game and ordered the boy to leave him alone, according to court records.

Jessie C., 19, (hereinafter “Inner Chuck”) who was dressed as the mascot, told police that while he was walking through the gaming area, a group of youths jumped on him, tried to knock him over and remove his costume. He said he put his arms forward to move the youths away from him, but never grabbed any of them.

Continue reading "In South Of Boston, District Attorney Is Disappointed At Sentence For Man Assaulting “Mouse”, Ripping Its Head Off" »

According to the Pew Center on the States, Massachusetts is the fifth state in the US with the most adults in jail or prison, on parole, or under probation. The organization’s report found that at the end of 2007, 1 in 24 adults in the state were either under community supervision or behind bars. That’s 206,241 adults.

More of the study's findings:
• In 2007, some $1.25 billion was spent at the state and federal levels on corrections.
• Massachusetts was the third state with the most number of adults under community service: 1 in 28 adults (179,854 adults under the supervision of probation and parole officer at the federal and state levels).
• Massachusetts spent a dollar on prisons for every four cents it spent on parole.
• With 26,387 adults in jail in 2007 (1 in 90 people), Massachusetts ranked as the 47th state with its number of adults in prison or jail.
• Massachusetts’ Department of Corrections currently runs 18 prisons.
• It’s spending plan for this fiscal year, ending in June, is $543 million.
• The Massachusetts Parole Board’s budget for this year is $19.4 million. The board supervises about 8,000 parolees each year.

All too often in Massachusetts, people are arrested, charged, or convicted of a crime they did not commit or they are treated unfairly by the criminal justice system. While issues of mistaken identity or bad luck may seem like simple problems that can be easily remedied through discourse, this is not always the case when it comes to the Massachusetts criminal justice system.

If you are under investigation, have been arrested, or are charged with a Massachusetts crime or a federal offense, the consequences of the case against you—especially if you are convicted—could negatively affect your relationships, your career, and the rest of your life. For example, a Massachusetts DUI conviction may not only affect affect your auto insurance or your driving record, but it could land you in jail. Also, a conviction for a Massachusetts sex crime will follow you for the rest of your life as a registered sexual offender.

Study: Mass. fifth in nation for adults in prison, probation or parole, Boston Herald, March 2, 2009

Related Web Resources:
Massachusetts Department of Correction, Mass.gov

Massachusetts Parole Board

Continue reading "1 in 24 Massachusetts Adults in Prison or on Parole or Probation" »