Boston Criminal Lawyer Blog

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" »

Today, the Boston Criminal Lawyer Blog returns to a subject that dominated headlines for much of the early months of the year. This would be the Bernard Madoff nightmare and his infamous Ponzi scheme. As you will recall, we learned that the Ponzi scheme was originated here in Boston and many of Madoff’s victims indeed lived here in the Commonwealth.

Yesterday, in a New York courtroom, a gentleman by the name of Frank DiPascali, 52, (hereinafter, the “Defendant”) proved all of us who claimed that Madoff could not have acted alone right…thereby exposing Madoff to be, among other things, a liar.

Now, that’s a surprise, isn’t it?

The Defendant pleaded guilty to conspiracy, securities fraud and eight other charges Tuesday as part of a cooperation deal in which he's expected to help prosecutors target other suspects in the massive embezzlement scam.

Continue reading "White Collar Co-Conspirator Pleads Guilty In Boston-Created Ponzi Scheme" »

In days of old, if there was a financial dispute, one might expect to be sued by whoever claimed you took, or owed, money. Well, that can still happen. However, one should also be wary of being criminally charged with the crime of larceny… in one way or another.

“Larceny” is basically another word for “theft” under the Massachusetts General Laws. According to Chapter 266of such laws, anyone “ Who steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another… whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny”.

Sounds pretty simple, doesn’t it?

Well, not so much.

Actually, there are varying degrees of larceny. While larceny seems to simply be what we call in the outside world, “stealing”, how it was done and how much was stolen come under different sub-headings in the law and are treated differently.

Continue reading "A Boston Criminal Defense Lawyer Discusses The Crime Of Larceny" »

The criminal prosecution seems to have ended for John R., of Vermont, (hereinafter, the “Defendant”) and his lawyer. On June 8th, he pleaded guilty to charges, the investigation of which reflects some important information to those who assume themselves beyond suspicion.

After all, the Defendant had been something of a celebrity. Now in his 60’s, he had had helped found a gay rights group in Provincetown in the early 1990’s. In 1989, he helped form the Provincetown chapter of ACT UP, a group that described itself as diverse and nonpartisan, and committed to direct action to end the AIDS crisis. He also served on a working group to combat hate crimes.

And now?

Now he has been convicted in the cyber-crime of possessing and distributing child pornography.

To make the charges against him seem even more unlikely, they are not even the result of a local investigation. In fact, it was not even initiated within the United States.

Continue reading "Massachusetts Former Hero Is Arrested And Pleads Guilty To Federal Charges Of Child Porn" »

This week, the daily Boston Criminal Lawyer Blog examined various news stories about a particular large population in the Boston area, namely, students. Whether it be graduate school, college, high school or even grammar school, a momentary, perhaps youthful, mistake can bring a postponement or even end to a lifetime of future dreams for that student and accompanying family. Now, as schools are adjourning for the summer, and graduations are upon us, our weekly Attorney Sam’s Take discussion looks directly at how the criminal justice system, and its results, can effect Massachusetts students.

There is a lot to say, so this week’s Discussion is a two-parter, which will continue into and conclude tomorrow, Friday, June 12th.

How many times have you read about a youth getting arrested and thought, “Well, it’s a kid. A juvenile. What can they do to a kid…spank him?”

Well, no. Spanking has been off the criminal justice books for many a decade.

However, the myth that juvenile offenders cannot be damaged by the justice system, although widely believed, is not really true. Most kids, of course, do not realize that. This is why many ongoing criminal enterprises, such as drug traffickers, are often able to use juveniles to do the “dirty work” of street selling. They convince the young eager entrepreneur that “the law” cannot really touch him/her and so, while the chance for money is high, the accompanying risk is low.

Continue reading "A Boston Criminal Defense Lawyer Discusses Student Arrests And The Resulting Effects On A Student’s Future (Part One)" »

You’ve heard of Costco, haven’t you? It is a very popular chain of stores that specializes in cost-cutting by purchasing in volume. You know, why buy one box of napkins when you can by 80 and get a bargain in the process? It looks like some Boston-area entrepreneurs took the idea alittle too far this week. And, in case you are wondering, no, one cannot retain attorneys in bulk…although two North Shore gentlemen may wish one could.

It was in the Costco parking lot on Route 1. It was Wednesday at noon. And it was, according to law enforcement, more than 500 pounds of marijuana that was recovered.

How much is 500 pounds? Well, you know that new law that says it is no longer a crime to have a “small amount” of marihuana for your own use? Well, this would be over 8,000 x that amount.

Probably not a simple error in measurement.

The Massachusetts State Police believes that the operation was a large-scale narcotics delivery in Danvers.

The troopers set up surveillance in the parking lot in connection with an ongoing investigation. According to the officers, Brian T., 42 of Revere (“Defendant Greeter”) arrived in a rented truck as Phillip W., 37, of Saugus (“Defendant Lookout”) acted as the lookout. Then, occupants of a tractor-trailer with Indiana license plates met with Defendant Greeter.

Continue reading "North Of Boston Drug Bust Nets Over 500 Pounds Of Marihuana and $200,000 from Interstate Conspiracy" »

Workers in the sex trade have been in the news lately. First of all, we have heard a great deal about them as victims, as in the case of the so-called “Craig’s List Killer”. Some have been in trouble for things other than prostitution. For example, awhile ago, the Boston Criminal Lawyer Blog told you about an enterprising lass who had had a long-standing money-for-sex relationship with an older wealthy gentleman. When he decided to end what he called a “last hurrah”, she made a decision of her own – to blackmail him.

To refresh your memory, you may want to read the original postings, which can be found on the postings on 2/18/09 and 2/19/09.

While it is my usual practice to give the first name, last initial and age of people who populate the judicial system, law enforcement and the courts have found it vital to give no information about the complainant involved in this matter. Therefore, I think it only fair to only refer to the young lady as the “Defendant”, with no other identifying information in this blog.

You may recall that the Defendant was given a lenient federal sentence in exchange for keeping her former customer’s name a secret. We will call him “John”. She had allegedly threatened to expose John unless he paid her money.

A great deal of money.

$280,000 of money.

No, there are no rights to palimony for prostitutes recognized in the Commonwealth.

Continue reading "Boston Prostitute Violates Probation In Extortion Case And Is Sentenced To Halfway House" »

These have been big days for narcotics law enforcement specialists. State agencies as well as Boston’s various local FBI, ATF and DEA agents worked together to bring suspects to court and clients to lawyers.

Let’s take Pittsfield first. There, three daytime raids resulted in the seizure of approximately $35,000 worth of drugs as well as the alleged leader of the Bloods gang.

The hope is that the synchronized raids will bring an end to the violent crime problem that has been plaguing the area. The police chief said, “By following up in this investigation, it is our hope and expectation that we will come to a solution in some, if not all, of the violence that has plagued Pittsfield over the last several months."

The raids were a result of an ongoing investigation by the Berkshire County Drug Task Force and the Pittsfield Police Department drug unit.

Meanwhile, a South Easton man was arrested on Massachusetts cocaine trafficking charges after police seized about $30,000 in cocaine and $9,000 cash in an undercover narcotics investigation headed by Foxboro Detective Thomas Kirrane and Sharon Detective Scott Leonard of the Norfolk County Anti-Crime Task Force.

Stephen K, 52, (hereinafter, the “Defendant”) who lives at the Easton Mobile Home Park on Route 138 in South Easton, was arrested last Wednesday in the Shaw’s supermarket parking lot at 760 South Main St. in Sharon, near the Foxboro line. When he was arrested the Defendant, who also has an address in Florida, had numerous bundles of cocaine with an estimated value of more than $2,000 and more than $2,300 in cash

Continue reading "Drug Arrests made in MA -Felony Drug Charges To Follow, Including Trafficking and Distribution" »

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 " »