Boston Criminal Lawyer Blog

Usually, the “Attorney Sam’s Take” postings take place on Fridays. However, this past week, I was finishing a jury trial and so could not post in a timely manner. I did not feel I could not simply shelve this subject, though, because we may have solved a problem plaguing the criminal justice system…in Boston and beyond.

As you have probably, heard, the ten alleged Russian agents recently rounded up in the Boston area and other parts of the Northeast, have pleaded guilty at the U.S. District Court for the Southern District of New York.

Most of the defendants admitted that they are Russian citizens and are agents working for the Russian Federation.

The sentence?

Well, a swap has been arranged. The Russian Federation will receive the spies in their custody and in turn will release four individuals claimed to be connected to American intelligence agencies, according to the United States Department of Justice.

In a Department of Justice press release, Attorney General Eric Holder said, “This was an extraordinary case, developed through years of work by investigators, intelligence lawyers, and prosecutors, and the agreement we reached today provides a successful resolution for the United States and its interests.”

Everybody is excited about this solution.

Continue reading "A Boston Criminal Defense Attorney Asks: Could Swapping Criminal Defendants Be The Solution?" »

This weekend, we have been celebrating the birth of our country. Even a Boston criminal defense attorney recognizes the importance in that. In the meantime, the Cambridge couple (hereinafter, the “Defendants”) who were among 10 people arrested in three cities last week as part of an alleged Russian spy ring have been arraigned in Federal Court and await an opportunity to make bail and recover their freedom.

Good luck.

The government says that the Defendants were sent to live in the United States under false identities to hobnob in spheres of influence, an idea one civil liberties lawyer called laughable given their jobs as a software company executive and a real estate agent.

“These so-called spies really had a racket,” said Harvey Silverglate, author of Three Felonies a Day: How the Feds Target the Innocent. “The idea that they were going to pick up useful intelligence in the circles they were moving in is absurd. They have defrauded the Russian intelligence agencies and gotten a decade of free support in exchange for no useful information.”

As Attorney Silverglate also points out, unless the investigation the FBI conducted over nearly a decade yields more damning evidence than what has so far been released, the people most harmed by the whole affair, Silverglate said, may turn out to be the American taxpayers.

Continue reading "A Boston Criminal Defense Attorney Discusses Federal Court, Alleged Spies And Liberty" »

Boston Herald columnist Howie Carr is having a field day on this one. Who can blame him?: The surface-layer ironies here are numerous!

“Hey”, he muses, “they don’t call it the Red Line for nothing.”

The rollicking news that some Cambridge residents have been arrested and accused of being Russian spies should be enough to keep us in stitches with puns focusing on titles like “Reds”, “Ruskies” and ( of course) “The People’s Republic Of Cambridge” for weeks to come.

Anyone out there miss the “good old days” of the 1950’s? Here is your chance to experience yesteryear.

The story treating us to all this hilarity is the arrests of accused Russian agent Donald Heathfield and his wife, Tracey Lee Ann Foley (hereinafter, collectively, the “Defendants”), among others in other locations not as humorous, for espionage. According to federal authorities their investigation shows that they are a part of a Russian spy ring arrested this past weekend.

It remains in doubt, according to the federal prosecutors, how much useful information from the Defendants or their co-defendants actually reached Moscow. It is clear, however, that the Defendants and their alleged cohorts were in places where valuable information was available.

Continue reading "Cambridge Couple Are Arrested For Federal Crimes Of Espionage" »

Benjamin F. Haskell, one of three white men who originally pleaded not guilty to conspiracy charges in a civil rights violation related to the burning of a predominantly black Springfield church, is scheduled to plead guilty during a change of plea hearing on Wednesday. It has not been revealed what charge he will plead guilty to is or whether there is a plea agreement involved.

Haskell, 23, Michael Jacques, 25, and Thomas Gleason Jr. 22, were charged in connection with a blaze that destroyed the Macedonia Church of God in Christ on November 5, 2008, just hours after President Obama was elected. All three men were arrested in January 2009 based on information provided by an informant.

The defendants allegedly confessed that they entered the church, which was under construction at the time, through a side window and used about five gallons of gas to douse the structure on the outside and the inside. Three firefighters sustained minor injuries as they attempted to put out the blaze.

Gleason and Jacques have pleaded not guilty to charges of damaging religious property because of race, color, or ethnic characteristics, civil rights violations, and using fire to commit a felony. Their criminal defense lawyer attempted to get their confessions tossed out as evidence on the grounds that law enforcement officials allegedly threatened and bullied the two men during hours of interrogation but a judge denied that motion. Haskell, who is facing lesser criminal charges, did not take part in the suppression hearings.

Guilty plea expected in Mass. black church arson, AP, June 13, 2010

Tipster led authorities to 3 men charged with setting Macedonia Church of God in Christ on fire hours after President Obama elected, court testimony indicates, MassLive, May 26, 2010

Related Web Resources:
Post-election church arson at predominantly black parish probed as possible hate crime, MassLive, November 5, 2008

Federal Crimes, Cornell University Law School

Continue reading "Man to Plead Guilty to Involvement in '08 Springfield, Massachusetts Church Burning " »

Last week, the Boston legal community had alittle excitement which spread from Capitol Hill to the United States District Court. That’s right, the federal one.

Many people are still debating it and question whether it should have happened. As for me, although I had not had a chance to blog on it yet, I was interviewed on WBZ radio (1030 on your a.m. dial). That interview, incidently, can be found here.

In case you had not heard, former state Senator. Dianne Wilkerson pleaded guilty to eight counts of attempted extortion and now faces up to four years in jail when she’s sentenced this fall.

Ms. Wilkerson had been arrested in October 2008, prior to leaving the State House office she held for six terms, on indictments alleging she pocketed $23,500 in bribes between 2002 and 2008, including $1,000 she was photographed stuffing in her bra at an upscale Beacon Hill restaurant.

The Roxbury Democrat was to go on trial June 21. Thinking better of it as time grew shorter, she came to an agreement with the federal prosecutors and, last week, she pleaded guilty.

Continue reading " PLEA DEAL REACHED IN FEDERAL SENATORIAL EXTORTION CASE - A BOSTON ATTORNEY'S VIEW" »

I thought this was an ironic follow-up to Monday’s blog. It involves a former official for the US Department of Homeland Security. She was just convicted in Boston of encouraging her illegal immigrant housekeeper to remain in the country.

She is Lorraine H., 52, (hereinafter, the “Defendant”). She had been Boston’s port director for Customs and Border Protection. The guilty finding was apparently a shock to both the Defendant and her attorney.

According to news accounts, her only comment was, “I’m stunned” .

Her lawyer’s comment was “I’m sick”.

The case carries an important message that we do not discuss that often on the Boston Criminal Lawyer Blog.

Continue reading "Attorney Is Sickened As Former Government Official Is Indicted And Convicted At Boston Federal Court" »

Has anyone else noticed that air travel has become a bit more tense in recent years? Gee, you go to Boston's Logan International Airport and you would think it had been involved in a terrorist act sometime over the past ten years or something! In fact, sometimes you feel you should bring a lawyer along just in case..

Some people find that they need a lawyer as they leave the airport.

Today's case in point is Paul P., 50 of Sanford, Maine (hereinafter, the “Defendant”). Last week, he ended Saint Patrick’s Day (Evacuation Day in Suffolk County) detained by the Massachusetts State Police at Logan.

The Defendant’s troubles began when he “accidently” lit a match on a flight bound for Logan that fateful night. This apparently occurred when he removed a book of them from his pocket during the flight.

Continue reading "Boston’s Logan Airport Is Scene Of Mystery Passenger And Pending Warrant" »

I live in the Boston area and, as I have mentioned from time to time, have kids. When I am not “fighting the good fight”, I try to spend some time with them. In this day and age, that will include some television. One of the shows we watch actually began when I was a kid…Scooby Doo.

Well, if your kids also watch the show, I suggest you hide today’s blog from them lest they lose all hope.

While on TV, Scooby is a hero, I have found a news story to shake the foundation of childhood fantasy.

Scooby has been arrested for heroin dealing.

Continue reading "Scooby Doo Named In Ongoing Boston-Area Drug Investigation - Experienced Defense Attorney Needed" »

More bad choices in the Boston area. Another defendant who needed a lawyer.

And now…another statistic. one more white collar conviction.

Richard W., 42 (hereinafter, the “Defendant”) apparently worked as a practice assistant in the ear, nose and throat department of the Beth Israel Deaconess Medical Center. From January 2006 through April 2009, he is said to have stolen more than $1 million by stealing checks written to the department and by seeking fraudulent refunds for hearing aids and other items.

This is called the white collar crime of embezzlement.

On the 3rd, the Defendant pleaded guilty before the Honorable United States District Court Judge Joseph L. Tauro to one count of health care theft and embezzlement, the US attorney's office said in a statement.

Continue reading "Attorney Sam’s Take: Boston Federal Prosecution For Embezzlement Exemplifies Need For Experienced Criminal Defense Attorneys" »

Message from a Boston criminal defense attorney to Ms. Kimberly J., 38 (hereinafter, the :Defendant”) – it is not as bad as you think.

It is actually worse.

The Defendant had been wanted by Massachusetts law enforcement in the alleged kidnapping Thursday of her half-sister’s one-year-old daughter. She has been apprehended in Altona, Pennsilvania and immediately arrested by investigating officers. The Defendant had been staying at a women’s shelter where she is said to have been using an alias and a stolen I.D.

Lest you think she is inconsistent, though, she was also allegedly driving a stolen vehicle .

The one that was apparently used in the abduction.

Continue reading "Massachusetts Kidnapper Faces Charges In Federal And Two State Courts" »

George P., a 48-year-old man from Medford, (hereinafter, the “Defendant”), has been indicted by a Suffolk County Grand Jury in Boston. This means that if he has a court-appointed lawyer, he or she had best be “superior court certified”. Somehow, though, given the charges...the Department of Probation may not find him indigent.

He is charged with stealing millions of dollars from former employers and covering those thefts by overbilling his clients. Specifically, the charge is four counts of larceny over $250 and procurement fraud. When he was arraigned in district court in December, he was released on $25,000 bail. He is scheduled to be arraigned in superior court later this month.

Unbeknownst to the Defendant, the attorney general’s office had been investigating him for months. They were looking into his actions while under the employment of two construction management companies. The Commonwealth claims that, while serving as vice president of a company in the Greater Boston area, he “routinely submitted reimbursement requests that contained fake receipts, invoices, and correspondence.”

The company allegedly relied on the Defendant’s documentation and paid him several million dollars in reimbursements from 2007 until his departure in January 2009.

Continue reading "Larceny Suspect From Boston Municipal Court Is Indicted On Fraud Charges" »

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" »

A Boston federal drug case is keeping lawyers and politicians on their feet.

Yesterday, there was a detention hearing for Lawrence T., 51, of wakefield (hereinafter, “Defendant 1”). He stands accused of illegal sale of OxyContin. Defendant 1 has a co-defendant, John F., 31 (hereinafter, “Defendant 2”). Defendant 2 just happens to be a key City Hall operative who faces an indictment charging him with the drug crimes.

Well, Defendant 2’s status as an “operative” is a bit more specific than that...he is Mayor Thomas M. Menino’s neighborhood liaison to East Boston. His indictment came down on Thursday for possession with intent to distribute OxyContin and possession with intent to distribute marijuana.

East Boston residents are speaking out about the matter, pointing out that drugs have been a plague on the neighborhood for years. But, now, there is even more evidence of how “high up” the problem reaches –namely, the arrest of one of the area’s rising political stars.

Continue reading "East Boston Reacts To Federal Indictments And Bail Hearing In Drug Case " »

Recovery from a long weekend, such as the Thanksgiving weekend we have just enjoyed, can mean different things to different people. For me, for example, it meant waking up yesterday not being able to get online and so not posting my blog (sorry about that, by the way). For Sonny T., 21, of Wareham (hereinafter referred to as the “Defendant”), it meant being in contact with his new criminal defense attorney and dealing with fallout from some alleged indiscretions over the holiday.

These indiscretions include criminal charges such as counterfeiting, armed robbery and assault.

According to the Commonwealth, the Defendant was not in the most thankful of moods last Thursday night when he met up with two people he knew at an oil change business.

Violently unthankful.

Continue reading "Massachusetts Assault And Robbery Lead To Arrest For White Collar Crime And Possible Federal Prosecution" »

The Cambridge Police Department is on the hunt for a gentleman who may end up actually being prosecuted by the United States Attorney’s Office in Federal District Court. This time, it is a white collar crime, as well as a crime of violence, and it reads like the backdrop to the 2002 movie “Catch Me If You Can”

The investigation is not a new one. In fact, the Cambridge Police issued an arrest warrant for 45-year old John B. (hereinafter, the “Suspect”) back on April 9th. While the authorities believe the Suspect is still in the area, he has yet to be caught. In the meantime, he keeps changing his identity. His primary two aliases are a gun toting federal agent and, the other, a well-dressed restaurant owner.

While the chase is on, he has been able to cheat his unsuspecting victims out of thousands of dollars.

Police say the Suspect’s method of operation is to meet his victims at their homes under the pretense of selling them a dark blue Chrysler 300. He then robs them or simply drives them somewhere, takes their money and then drives off.

Continue reading "Cambridge Man Suspected Of Armed Robbery, Assault And Larceny Faces Federal Prosecution" »

Welcome to the year 2009, more than twenty years after 1984, which was the title of a famous book by George Orwell. The book depicted a society where “Big Brother”, the government, was always watching. Ironically, while the show “Big Brother” was not the downfall of Adam J., a 31-year-old PR executive, (hereinafter, the “Defendant”), the government was. It was about a week ago, while in Massachusetts, that he developed the need for a defense attorney.

Big Brother is a CBS reality show that films contestants 24 hours, 7 days a week and makes them evict fellow houseguests one by one for a chance to win the big prize. The Defendant won the money in April 2008. He may not have been evicted then, but he risks being convicted now.

The charge? He is charged with, and has purportedly admitted to, trying to sell 2,000 oxycondone pills to a government informant. He is also said to have admitted that he used his $500,000 Big Brother prize money to purchase the drugs, which he distributed along the east coast for months.

Continue reading "Celebrity Suspect Is Arrested North Of Boston In Drug Sting" »

The man charged with interstate stalking using harassing and intimidating surveillance for making a nude video of ESPN sportscaster Erin Andrews was released from police custody today. A judge ordered Michael David Barrett to wear an electronic bracelet. He is prohibited him from using the Internet.

The 47-year-old man allegedly tried to sell footage of a nude Andrews to the Website TMZ.com. He also is accused of uploading video of other women onto the Internet.

According to an FBI affidavit, most of the Andrews footage was shot while she was a guest at the Nashville Marriott at Vanderbilt University in September 2008. The lawyer for Andrews says that Barrett asked the hotel put him in the room next to the one where Andrews was staying. He then allegedly modified the peephole so he could use a cell phone camera to shoot the nude footage of the reporter.

Eight videos of Andrews were posted online.

Barrett is scheduled to appear in court later this month. If convicted for interstate stalking, he faces up to five years in prison. He also could be fined up to $250,000.

Interstate Stalking
It is a felony and a federal crime for anyone to cross state lines to harass or stalk someone in a way that causes the target to fear serious bodily injury or death.

Stalking of any kind is considered a serious offense and one that should be dealt with by an experienced Boston, Massachusetts federal crimes lawyer. Many people accused of stalking are not “professional” criminals. In many cases, stalking involves highly emotional situations between the parties involved.

Erin Andrews' alleged stalker released; will be monitored, USA Today, October 5, 2009

Attorney for ESPN reporter criticizes management at hotel, LA Times, October 5, 2009

Related Web Resources:
Erin Andrews Bio, Media Zone

ederal Interstate Stalking Law

The first signs of the investigation came several weeks ago. The FBI showed up at a local social club in Stoughton and surprised members by pulling two flat-screened televisions from the wall, checking the serial numbers on the back, and then taking them away. Now, it turns out that the Boston federal investigators may be granting certain local law enforcement officials the chance to get to know some criminal defense attorneys in a professional setting.

According to today’s Boston Globe, the afore-mentioned televisions, allegedly stolen, were seized as part of an ongoing federal grand jury investigation into allegations of theft and corruption involving Stoughton police officers.

“The feds aren’t just looking at receiving stolen goods,’’ said an anonymous source allegedly familiar with the investigation.

Meanwhile, the spokesman for the FBI’s Boston office will only say, “We can neither confirm nor deny whether there is or is not an active investigation into anything in Stoughton.’’ A spokeswoman for the US attorney’s office also declined to comment.

Continue reading "Federal Investigation Targets Local Police Department, The Source Facing Charges Of Drugs And Violence" »

Yesterday’s Boston Herald signaled the end to the saga of former sportscaster Bob Gamere’s (hereinafter, the “Defendant”) in federal court which was co-hosted by federal prosecuting attorneys.

Apparently, he is expected to plead guilty to child pornography charges.

The Defendant was charged last October with two counts of transporting child pornography videos and one count of possessing child pornography. Specifically, he is accused of using his home computer to send multiple people e-mails with child pornography videos attached.

The trial had been scheduled to begin tomorrow in U.S. District Court. However, a change-of-plea hearing has been scheduled for today.

The evidence against the Defendant had included the alleged prohibited materials as well as statements that the he is said to have made to law enforcement. The materials were seized from his apartment in 2007. Attempts to suppress their seizure have failed.

Continue reading "Child Pornography Arrest To End In Guilty Plea In Boston Federal Court " »

Albert G., the 28-year-old gentleman from Miami (hereinafter, the “Defendant”) who had been charged with being a computer hacker agreed to plead guilty in Boston's federal court last week. His attorney, however, still disagrees with prosecutors about his role in the hacking.

Yesterday, his attorney still insisted that he was not the “ringleader” in the, now nationally
known, scheme which has been described as one of the largest payment-card thefts in recent history.

The Defendant has agreed to plead guilty to charges that he helped engineer the theft of more than 40 million card numbers from retailers like TJX Cos Inc and BJ's Wholesale Club Inc. Of course, that’s just in Boston. Last month, in New Jersey, the U.S. Justice Department charged him and two others with conspiring to steal another 130 million payment card numbers, the most ever.

Both cases put the Defendant at the center of the action -- especially bold conduct since authorities say he was a Secret Service informant earlier this decade.

Continue reading "Computer Hacker Pleads Guilty To Credit Card Fraud In Federal Court" »