Boston Criminal Lawyer Blog

Police have arrested three men over their alleged involvement in a Massachusetts ATM theft scam. Ivaylo Hristov, Anton Venkov, and Vladislav Vladev are accused of being part of a fraud ring that allegedly has stolen, according to Quincy police, hundreds of thousands of dollars from numerous victims in the Greater Boston Area.

The three men allegedly engaged in “skimming,” which involves people using bank-card readers and tiny cameras to retrieve people’s bank and pin information. The data can then be downloaded onto a card that has a magnetic strip. The card can then work as an ATM card to the victim’s bank account.

Police arrested Hristov, 28, at Citizens Bank in Quincy where he allegedly stole $500 from someone’s ATM bank account. They say he had eight re-coded Dunkin’ Donuts gift cards with him. He also has been charged over his alleged involvement in an ATM theft that took place in Milton.

Venkov, 40, is charged with aiding and abetting the identity fraud scam and also of using counterfeit bank account access codes. Police says that when they arrested Venkov he had $99,100 in cash in his car. Vladev, 36, was detained at Logan International Airport as he was attempting to leave for Germany. He pleaded not guilty to identify fraud and larceny charges.

Police found gadgets and computer equipment in a Weymouth storage unit that they believe belong to Hristov and his alleged cohorts. Authorities say there are other skimming operations in Weymouth, Roslindale, Braintree, Dorchester, and Milton.

Do not give up hope if you have been arrested for allegedly committing a Massachusetts crime. You may have been wrongly charged. There may be evidence that can prove you are not guilty. There may be criminal charges filed against you that can be reduced or dropped. Police may have gone about obtaining the evidence they have in the wrong way and that evidence may now be inadmissible. Your civil rights may have been violated during your arrest or detention.

Police break ATM skimming ring in Greater Boston, Wicked Local, January 29, 2010

Two more arrested in ATM theft case, Boston.com, January 29, 2010

Related Web Resources:
ATM fraud, a.k.a. skimming, is on the rise, ConsumerReports, January 14, 2010

Identity theft, FTC

Continue reading "Three People Arrested in Massachusetts ATM Theft Scam" »

And so the trial of assumption and innuendo (at least, so far) continues in Brockton, Massachusetts. Attorneys battle it out as jurors hear different observations of the home of Carolyn R. (hereinafter, the “Defendant”) and the various family members. As you may recall, the Defendant and her husband are being charged, yet tried separately for the first-degree murder of their 4-year-old daughter (hereinafter, the “Deceased”). According to yesterday’s Globe, Tuesday’s testimony had to do mostly with...the husband (hereinafter, “Co-Defendant Dad”) .

That’s right...first degree murder. The one with premeditation.

Correct again...Co-Defendant Dad. The one not on trial yet.

It was a stellar day for the prosecution.

Continue reading "Massachusetts Murder – By – Drugs Trial Continues" »

I know you’ve heard the story by now. Massachusetts is in the news again due to a celebrity crime story. This time, the celebrity, Nancy Kerrigan, isn’t really part of the story.

But the rest of the family is.

Mark Kerrigan, Nancy’s 45-year-old brother (hereinafter, the “Defendant”) has been accused of causing the death of their father, Daniel (hereinafter, “Dad”). No, the Commonwealth does not contend that the Defendant plotted to kill Dad and then executed the plan...it was more tragic than that.

The allegations are that the Defendant wanted to use the telephone, but Dad would not let him. An argument ensued and became physical. Finally, the Defendant is said to have grabbed Dad by the neck. Dad fell to the ground. The Defendant claimed he was faking...but that opinion obviously changed when the police came.

Dad died and the Defendant, allegedly drunk and unruly, was pepper-sprayed and arrested.

Continue reading "Kerrigan And Attorney Await Results Of Massacusetts Grand Jury" »

Arraignments do not always take place in the courtroom, as Robert G., 19,(hereinafter, the “Defendant”) learned yesterday. He was arraigned in a Worcester hospital bed on charges of killing his ex-girlfriend, 19-year-old Allison M. (hereinafter, the “Deceased”). The Deceased was a Fitchburg State College freshman. In the past, she had obtained at least two restraining orders to keep the Defendant away from her, authorities said.

The Defendant was charged with first-degree murder, and violating the restraining orders, after allegedly stabbing and shooting to death the Deceased. He remains in critical condition after allegedly trying to kill himself as well.

“We are alleging that this is another troubling incident of domestic violence resulting in homicide, where the defendant is alleged to have fatally stabbed the victim, his ex-girlfriend, and then attempted to kill himself,” Middlesex District Attorney Gerry Leone said in a press conference this afternoon at his office in Woburn.

“This is the second such incident we have in consecutive weeks, where we are alleging that a male defendant has killed his former or present female significant other, and then seemingly tried to end his own life,'' Leone said. "We must continue to find ways to stem this tide of alarming domestic violence incidents.”

Continue reading "Massachusetts Homicide Charges Result From Restraining Order Violations" »

Mark Kerrigan, the brother of Olympic figure skater Nancy Kerrigan, has been charged with assaulting their father Daniel Kerrigan. The 70-year-old was found unresponsive on Sunday morning in his Stoneham residence following an argument between the two men. He died later that day.

Mark, 45, has pleaded not guilty to all of the charges against him. The unemployed plumber is an Army veteran who continues to undergo Post Traumatic Stress Disorder.
According to police, Mark told them his father wouldn’t let him use the phone and the two men became involved in a physical altercation. He says that after placing his arms around his dad's neck, Daniel fell to the ground.

Police who arrived at the Kerrigan home say that Daniel was lying on the ground but alive. They claim that Mark appeared intoxicated and was “belligerent.” The officers found whiskey bottles in the basement. He was arrested on charges of Massachusetts assault and battery causing serious bodily injury and assault and battery with a dangerous weapon.

Mark has not be charged with Massachusetts murder. Autopsy results to determine is cause of death are still pending. The criminal defense lawyer appointed to defend Mark says his client is grieving over his father.

The Kerrigan family has been in the media spotlight before. Nancy Kerrigan is a former Olympic figure skating champion who won a silver medal at the 1994 Winter Games in Lillehammer. In 1994, she was assaulted in a plot by rival Tonya Harding, who she would go on to compete against and defeat in Norway.

Allegations of assault and battery causing serious bodily injury and assault and battery with a dangerous weapon are serious criminal charges.

Nancy Kerrigan's brother pleads not guilty to assault charge, Los Angeles Times, January 25, 2010

Nancy Kerrigan's father dies; brother charged in attack, Boston.com, January 25, 2010

Related Web Resources:
National Center for PTSD

The Nancy Kerrigan Biography, Biography.com

Continue reading "Brother of Nancy Kerrigan is Charged with Massachusetts Assault in Death of Their Father " »

The Massachusetts Appeals Court will be conducting a hearing on February 10th to determine whether a new trial should be granted to Corey R. (hereinafter,the “Defendant”) for the 2001 killing of a school counselor, the Reverend Theodore N. Brown. This time, it is the prosecuting attorney who is pursuing the appeal.

You see, a Hampden Superior Court Judge granted the motion for a new trial. The Commonwealth contends the judge was wrong in allowing the motion.

The Defendant, who was 17-years-old at the time, had been convicted of second-degree murder for the December 5, 2001, stabbing death of Reverend Brown in a classroom. The trial was conducted in 2003 before the late Judge Thomas J. Curley Jr.

Judge Cornelius J. Moriarty ruled in February 2008 that the Defendant is entitled to a new trial on the basis of ineffective legal representation.

Continue reading "Massachusetts Appeals Court Hears New trial Motion In Murder case " »

The criminal trial of Carolyn Riley, who is charged with the overdose murder of her 4-year-old daughter Rebecca, is underway in Plymouth Superior Court. While the prosecutor is depicting Carolyn as someone who refused to get her daughter medical help after overdosing her with clonidine in an attempt to get Social Security disability pay, her defense attorney argues that Carolyn is a concerned mother who gave her daughter medicine, as prescribed by a doctor, to treat her bipolar disorder.

Rebecca was found dead in her home on December 2006. Carolyn and her husband Michael were charged with first degree murder. Earlier this month, Carolyn’s criminal defense lawyer filed a motion to dismiss the charges saying there is new medical evidence supporting the couple’s claim that their daughter died from pneumonia and not from a prescription drug overdose. A judge denied the motion. Michael’s Massachusetts homicide trial will begin after Carolyn’s trial ends.

Among the witnesses that have testified against Carolyn so far is a social worker who says that she thought Rebecca was overmedicated. Also, the principal of the Elden Johnson Early Childhood Center says she saw Carolyn and Michael laughing outside the school just one day after Rebecca’s death. Yesterday, Kelly Williams, the Rileys’ former housemate, testified that Michael would demand that Carolyn overmedicate their three kids to keep them quiet. Williams says that as the 4-year-old’s condition deteriorated, she and her boyfriend James McGonnell kept telling Carolyn and Michael to take Rebecca to the doctor but that they kept putting off the visit.

Carolyn’s defense lawyers say she is a loving mother who did what she could to raise her three kids, all of whom suffered from hyperactivity and bipolar disorders.

The grief of a parent who loses a child cannot be quantified. To be accused of murdering a son/daughter is a severe blow.

Housemate details Riley child’s final night, Boston.com, January 23, 2010

Social worker warned that Rebecca Riley, 4, was overmedicated, The Boston Globe, January 21, 2010

Riley murder trial begins in Brockton court, The Daily News Tribune, January 20, 2010

Not a hard choice to have separate Riley trials, Wicked Local, January 17, 2010

Judge denies motion to dismiss murder charges against Rileys, Wicked Local, January 12, 2010

Related Web Resources:
Parents convicted of first-degree murder, General Laws of Massachusetts

Timeline: Rebecca Riley Murder Case, MyFox Boston, December 14, 2009

Continue reading "Carolyn Riley’s Massachusetts Murder Trial Underway in Plymouth Superior Court " »

You know, sometimes a criminal defense attorney cannot help but get mad. For example, when a client whom the attorney is absolutely sure is innocent of charges is found guilty of them anyway, I get angry. Or cases wherein one of the many unfairness’s that are built into the criminal justice system raise their ugly heads, my passion is inflamed. Or, more recently, in a Massachusetts superior court, where an absolutely heart-wrenching drama is being played out and suddenly the prosecution and other untrained-yet-self-ordained “experts" announce with “authority” their expectations of human behavior to the detriment of fairness...it drives me nuts.

A four-year-old girl is dead. Her mother, Carolyn R. (hereinafter, the “Defendant”) is on trial for her homicide. Dad, also charged with murder, awaits his turn next.

The purpose of an opening statement in a trial is to give the jury a roadmap of the evidence the lawyer contends it will see during the trial. In this case, the prosecuting attorney gave his opening statement, listing the evidence he expects he will show, thus proving the Defendant guilty beyond a reasonable doubt. Thereafter, the school nurse testified to begin the onslaught of critical evidence.

One of the first things described by both the prosecutor and the nurse? Well, apparently, hours after her daughter died, the Defendant and her husband appeared at the child’s preschool with a “flat” demeanor, asking to pick up her daughter’s things as well as a copy of her class photograph.

Continue reading "Attorney Sam’s Take: A Massachusetts Murder Trial. A Little Girl Is Dead. Attorneys Take Note!" »

For the last two days, the daily Boston Criminal Lawyer Blog looked at two recent matters wherein Massachusetts defendants were stopped by law enforcement in their vehicles, wherein drugs were found. During the investigations, sometimes more drugs were found at various locations…sometimes it was a href="http://criminal.altmanllp.com/lawyer-attorney-1452603.html">weapons.

Rest assured that while the police and courts treat drug possession and gun possession very seriously…the combination is extremely eye-opening to them. It is the stuff that headlines are made of.

In any event, one last issue remains unexamined. In the Marblehead matter, additional material was found in the defendant’s home.

The question arises whether we are less protected in our homes or our automobiles from police invasion into our privacy in terms of search and siezure.

This is what today’s posting, ending this three-part-series will address.

Continue reading "The Search And Seizure Of Two Massachusetts Drug Suspects (Part Three)" »

Yesterday, we began our examination of the arrest and sentencing of a Geraldo S., 32 of Marblehead (hereinafter, “Defendant 1”). He recently pled guilty in a Massachusetts superior court and received a ten year sentence. We were looking at the story from a search and seizure angle.

We left off when it came time to explain the search of Defendant1’s vehicle.

As you may recall, Defendant1’s arrest took place back in 2004. To show you things have not changed very much, let’s turn the clock forward to this very weekend. On Saturday, Henry T., 21, (hereinafter, “Defendant2”) of Randolph was blessed with similar police attention.

Braintree police say that Defendant2 had been driving without his headlights on early Saturday morning. They checked their computer to get information on the vehicle and found that Defendant2’s license had been suspended.
That’s a crime in the Commonwealth.

Continue reading "The Search And Seizure Of Two Massachusetts Drug Suspects (Part Two)" »

While the rest of us were celebrating freedoms that are the legacy of heroes like the late Dr. Martin Luther King yesterday, one gentleman from the North of Boston was adjusting to the trade of his need of a defense attorney for a ten year term of imprisonment in Massachusetts prison.

Of course, he has already served approximately six of those years awaiting trial.

Geraldo S., 32, of Marblehead (hereinafter, the “Defendant”) was found to be in possession of a kilo of cocaine after a traffic stop in 2004. On Friday, he pled guilty to the reduced charge of trafficking over 100 grams of cocaine . This was the result of a plea bargain with the prosecution. Had a deal not been struck, the court would have had no choice but to sentence him to at least fifteen years in the event of a conviction.

Key to the plea bargain was a confession made to law enforcement.

The Defendant’s most recent criminal justice woes were the result of an investigation by the Marblehead police. Part of the investigation involved the fact that, apparently, the Defendant was known by several different names.

Continue reading "The Search And Seizure Of A Marblehead Drug Suspect (Part One)" »

In Boston on Thursday, Massachusetts Dr. Scott Reuben was charged with one count of health care fraud. Reuben used to serve as the chief of acute pain at Baystate Medical Center. Reuben has agreed to plead guilty and pay $420,000 in restitution.

According to federal court records, the Longmeadow physician falsified medical research. He is accused of falsifying findings he presented in at least 21 published studies. For example, the charge against him claims that Reuben actually never tested anyone (he told them he had tested 200 people) when he presented findings to Pfizer about the use of Celebrex in multimodal therapy. The pharmaceutical company had given him a $74,000 research grant.

Reuben faces up to 10-years in prison. However, because of the plea agreement he will likely receive a significantly lighter penalty.

Health Care Fraud
Healthcare fraud is a white collar crime. A person charged with Massachusetts health care fraud is usually a medical professional accused of profiting illegally by submitting allegedly dishonest medical claims. These are serious allegations and our Boston white collar crime law firm has seen cases where someone is wrongly charged with health care fraud because investigators misinterpreted the information and falsely accused someone of a crime.

Allegations against a medical professional charged with health care fraud can include:

• Obtaining unnecessary prescriptions and selling them for profit
• Billing for medical services never provided
• Filing more than one claim for the same service
• Changing service descriptions, provider names, member names, and dates on claims
• Billing for a service that isn’t covered as if it were covered
• Changing medical records
• Incorrectly reporting a medical procedure or a diagnosis to obtain a larger payment
• Using staff members that aren’t licensed
• Waiving co-payments
• Prescribing treatments that are not necessary

Dr. Scott Reuben, former chief of acute pain at Baystate Medical Center in Springfield, pleads guilty to health-care fraud, Masslive.com, January 14, 2010

Doc accused of healthcare fraud, TopNews, January 16, 2010

Related Web Resources:
Health Care Fraud, Cornell.edu

White Collar Crimes, Justia

Continue reading "Massachusetts Doctor Charged with Health Care Fraud" »

Ok, so you have gotten over the shock of being charged with a crime. You have gone to court in Boston a couple of times for a couple of court dates that feel accomplished nothing. Finally, you ask your attorney when this will all end.

You get that sad but true answer…”it depends”.

Many things in the criminal justice system depend on what happens as the case progresses. This is not a science wherein there is an exact formula for how things go. You may have already witnessed this as you have gone to court and seen different people get different bail and sentence decisions although charged with the same crime(s).

You probably already know that, if a case is not otherwise disposed of beforehand, the case is resolved at trial. I am going to assume you know what that is. After the verdict, one of two things happen. Either the verdict was “not guilty” and the nightmare is over, or it is “guilty” and there is a sentencing hearing. Depending on the convictions, that sentencing may or may not result in the defendant going home.

Continue reading "Attorney Sam's Take - How You Resolve Your Gun, Drug Or Assault Case In Massachusetts" »

A 41-year-old man who has been on Lynn authorities' 10 Most Wanted List for allegedly trying to rape a 13-year-old girl a decade ago has pleaded not guilty to charges of indecent assault and battery on a child under age 14 and assault with intent to rape a child. Victor Cruz was apprehended in October 2009 for the 2000 Massachusetts sex crime. His arraignment was on Wednesday. His bail is $1 million.

Cruz is accused of trying to have sex with his live-in girlfriend’s daughter. The alleged victim was 13 at the time. The girl’s mother told him to leave their home following the allegations. He left the country and lived in the Dominican Republic for more than nine years.

However, federal authorities found him and made him return to the US last year so he could be charged with the alleged sex crime. Cruz’s Massachusetts criminal defense lawyer is disputing the girl’s account of what happened. He says there is no forensic evidence and the alleged victim’s accounts of what happened have not been consistent.

If convicted of indecent assault and battery, Cruz could be sentenced to up to 10 years in state prison. A conviction for the attempted rape assault charge could land him in prison for up to 20 years.

Assault with intent to rape a child
Under Massachusetts General Laws Chapter 265 Section 24, assault with intent to rape a child is a serious offense. The prosecutor must prove that the defendant committed an assault that made the alleged victim subject to battery regardless of whether or not the physical harm was actual or intentional.

Indecent assault and battery on a child under age 14
Under Massachusetts General Laws Chapter 265 Section 13B, the prosecution must prove beyond a reasonable doubt that the alleged victim was in fact under age 14, the defendant purposefully made actual physical contact with a victim’s private part(s), and the contact was indecent, offensive or harmful, and unjustified.

Bail set at $1M for Lynn 'Most Wanted' rape attempt suspect, TheDailyItemofLynn, January 14, 2010

Related Web Resources:
Massachusetts General Laws

Massachusetts Law about Sex

Continue reading "Lynn Suspect in 2000 Massachusetts Sex Crime Case Pleads Not Guilty to Attempted Rape of Minor Charge " »

The game of politics is afoot again in the Boston area! This means that, as the race for the late Senator Kennedy’s seat comes to the wire, it is time for whatever mud can be thrown upon one’s opponent . Often, the accusations involve the criminal justice system. That’s where I come in. Today we look at accusations involving a 2005 rape case and Attorney General Martha Coakley.

In October, 2005, 31 year-old Somerville Police Officer Keith W. (hereinafter, the “Defendant”) was said to have raped his 23-month-old niece with a hot object, most likely a curling iron. The case was presented to a Middlesex grand jury which was overseen by Coakley. That grand jury did not take action against the Defendant. Thereafter, the child’s mother filed applications for criminal complaints in the case and it was then that the grand jury indicted the Defendant.

When the Defendant was before the court, the prosecution recommended that the Defendant not be held on bail, but released on personal recognizance. He remained free until December 2007, when he was found guilty.

Now, political opponents, both old and new, are taking the pulpit to decry Coakley’s handling of the case and making the typical cry of “too soft on crime”.

Continue reading "Boston AG Is Accused Of Mishandling Grand Jury Investigation And Bail Issues In Rape Case" »

Today we discuss yet another tale wherein Massachusetts law enforcement officials are in need of a criminal defense attorney. It involves recent accusations against four such officers and an event arising out of a suspected racially motivated apprehension from this past November.

Well, it is not so much the fact of the apprehension that has raised suspicion, but the method of it. You see, Melvin J. (hereinafter, the “Passenger”) was a guest in a particular motor vehicle that police stopped. While not the driver, police say he acted suspiciously. So, the officers ordered him to get out of the car. He did as ordered…and kept going. He ran away from the scene.

The officers, apparently having lost interest in the driver of the car and whatever traffic violation they thought they had witnessed, chased after him. They say that when they chased him, he violently resisted and tried to grab one officer's gun.

That’s a big “no-no” for law enforcement. It does, however, seem to give a perceived license for officers to do things they otherwise wouldn’t.

Continue reading "Massachusetts Traffic Stop Becomes Fourth Assault And Battery Claim Against One Police Officer" »

Another teenager has pleaded guilty to charges she attacked a 13-year-old girl. The assault was shot on video and posted on YouTube.

Footage shows two girls shouting at and hitting another teen while other students stand by, cheering and laughing. The attack was allegedly planned in advance. The 3-minute video was removed from YouTube after the victim’s mother complained that it was posted on the site.

In December, one of the juveniles pleaded guilty to aggravated battery. She will receive her sentencing this month. The second teen pleaded guilty to a charge of mob action. Prosecutors had initially charged her with aggravated battery. Her criminal defense attorney noted that his client is very remorseful and that this is a one-time incident.

Massachusetts Juvenile Crimes
Teenagers make mistakes and sometimes those errors in judgment can land them in juvenile court. If this happens, it is important to retain an experienced Boston juvenile crimes lawyer who can protect your child’s legal rights and achieve the best outcome possible. A Massachusetts criminal defense lawyer can defend your son or daughter against the charges or negotiate a plea agreement that can decrease detention time or lead to less harsh punishments. There may be grounds for dropping or reducing the charges.

You want to do everything possible to make sure that your child’s future opportunities are not compromised by a conviction.

Second Girl Pleads Guilty to YouTube Attack, NBCChicago.com, January 8, 2010

1 girl pleads guilty in Lombard attack posted on YouTube, Chicago Tribune, December 10, 2009

Related Web Resources:
Juvenile Court Department, Massachusetts Court System

The Juvenile Court System, Massachusetts Bar Association

Continue reading "Juvenile Crime: Second Minor Pleads Guilty to Attack of 13-Year-Old Girl Shown on YouTube" »

For those of you who still hold fast to the fantasy that law enforcement never lies, prepare for a shock. Of course, this case does not feature law enforcement lying to convict a defendant. Instead, it is a Massachusetts law enforcement official lying to federal law enforcement who needs a criminal defense attorney.

Arlindo R., a 37-year-old former Stoughton police detective, (hereinafter, the “Defendant), admitted in federal court yesterday that he lied to FBI agents during an ongoing investigation into corruption in the police department and had promised to help authorities in their probe.

The Defendant pleaded guilty in US District Court in Boston to one count of making false statements last July 13. Agents had asked whether he knew of Stoughton police officers receiving stolen gift cards and other items from an informant secretly cooperating with the FBI. According to the government, the Defendant had been among the recipients.

Continue reading "Massachusetts law enforcement official pleads guilty in federal white collar investigation" »

You are driving around on a wintery Massachusetts night, maybe after a couple of drinks that you are sure did not effect you. All of a sudden there is a large bumping feeling and a sound that tells you that you have hit something. The temptation is to put the problem, whatever it may be, behind you and to get out of there fast. You think that to do otherwise is foolhardy and could cost you your license and the need to hire one of those criminal defense attorneys.

Avoid that temptation. The fact is that leaving the scene of an accident, whether physical injury to a person or simply property damage was caused, only makes a bad situation worse.

Let’s look at a couple of very recent examples.

17-year old Sandwich teen, Sarah G. (hereinafter, “:Teen Defendant”) began the new year after collecting a bunch of charges that were only made worse by leaving the scene. She is drove into the rear of a police cruiser. She then apparently tried to leave the scene but was apprehended shortly thereafter. She is now facing charges which include leaving the scene of an accident, unlicensed operation of a motor vehicle, failure to stop for police and underage alcohol possession, according to the Cape Cod Times.

Continue reading "Leaving The Scene Of An Accident In Massachusetts Brings The Need Of An Experienced Criminal Defense Attorney For Firefighter And Student" »

Last week, we discussed two scenarios whereby you received a compulsory invitation to attend the Boston Municipal Court to answer charges for a variety of potential charges, including assault, drugs and OUI.

Now, however, the matter has been raised to another level. The Commonwealth has decided to indict you. You have just received the year-end news from either your attorney or another summons in the mail.

So, what is an indictment? Well, it is like the criminal complaint that was issued back in district court. In that case, either the police or your neighbor sought the complaint. The prosecutor did not really get involved until the matter was in district court. At some point, a prosecutor reviewed the allegations of the matter and decided that either your criminal past or the allegations themselves were deserving of more serious treatment. “More serious” generally means “more jail/prison time”.

Continue reading "Attorney Sam’s Take: You Have To Go To Massachusetts Court Tomorrow ; You Have Been Indicted (Part Three)" »