Boston Criminal Lawyer Blog

Cases of cyber crimes seem to be hitting the headlines a lot these days.

Take Aaron Swartz, 24, of Cambridge (hereinafter, the “Defendant”) for example. He was a fellow at Harvard University’s Edmond J. Safra Center for Ethics until quite recently. Now, he is facing allegations that he committed federal crimes. Specifically, he is charged with hacking into a Massachusetts Institute of Technology computer archive system to steal more than 4 million articles from scientific journals and academic work.

The charges are wire fraud, computer fraud, unlawfully obtaining information from a protected computer, and recklessly damaging a protected computer. He faces up to 35 years in prison and a $1 million fine.

At the moment, the Defendant is not in custody. He was released at a bail figure of $100,000.

Interestingly, although the government treats his actions as criminal, the Defendant has made a name for himself advocating for the elimination of barriers to the distribution of information over the Internet, and for the widest public distribution of information in libraries. He is a founder of Demand Progress and a co-founder of reddit.com. These political action groups, oppose what the Defendant has described as the “corrupting influence on big institutions.’’ In a statement released after his arrest, his colleagues at Demand Progress both denounced and ridiculed the government’s actions.

“This makes no sense,” David Segal, executive director of Demand Progress said in a statement. “It’s like trying to put someone in jail for allegedly checking too many books out of the library.” He also added that MIT and the Defendant have settled the matter between themselves before the prosecution even began.

To make matters more absurd, according to Segal, because MIT indicates that, “…they’ve suffered no loss or damage, and asked the government not to prosecute.” Segal .

Prosecutors said the Defendant allegedly broke into a computer wiring closet in a basement at MIT to access MIT’s network without authorization from a computer switch within that closet. The access allowed him to download materials from JSTOR, a non-profit archive of scientific journals and academic work. They further allege that he into the system to distribute JSTOR’s archives through file-sharing sites.

The articles and journals listed under the JSTOR system are available through a paid subscription, with some subscriptions costing as much as $50,000. A portion of the fee is in turn paid over to copyright holders.

The indictment also alleges that the Defendant’s illegal downloads impaired JSTOR’s computers and servers, depriving regular customers access to the archives.

Prosecutors add that even after security officials blocked the Defendant’s access, he hacked into the system again.

US Attorney Carmen Ortiz said in a statement announcing the indictments that the Defendant’s actions warranted his being treated like a criminal. “Stealing is stealing, whether you use a computer command or a crowbar, and whether you take documents, data, or dollars,” Ortiz said in a statement. “It is equally harmful to the victim whether you sell what you have stolen or give it away.”

Attorney Sam’s Take Theft Of Intellectual Property

Sometimes, it just seems as though folks just ask for trouble.

Continue reading "Cambridge Man Of Ethics Faces Federal Charges For Computer Crimes And Stealing Scientific Papers From MIT " »

Michael Varano, 52, of Bridgewater (hereinafter, the “Defendant”) and his son are now facing criminal charges. It was a Massachusetts theft.

The victim? A local church.

According to the Commonwealth, the Defendant and his 11-year-old son are accused of a Brockton burglary at St. Thomas Aquinas Parish and stealing food from its kitchen last Friday night. In true Christian spirit, the Reverend Joseph Roeke, representing the church seeks compassion in handling the crime.

“It’s a very sad situation,” Raeke said in a phone interview. "If he had let me know he was in such dire need of food, we would have given him some food.”

Police called Raeke to identify the stolen food, which, he said, included juice boxes, cookies, and other snack foods allegedly stolen from “The Enterprise”, the church’s kitchen, located in Brockton. The food had been meant for the celebration of a new priest’s first Mass, Raeke said.

“I think we need to be praying for people who feel so desperate,” Raeke said.

Continue reading "Bridgewater Theft By Father And Son Prosecuted Despite Victim’s Forgiveness" »

Most of you are no doubt familier with the song, “Take Me Out To The Ball Game”. Well, today’s blog is about someone who thought it would be better if they offered that the ball game would come to others…piece by piece.

Nahant resident Jamie Pritchard Holland, 32, (hereinafter, “Suffolk Defendant”), now faces charges in both Massachusetts and New York. He is charged literally stealing home plate…and just about anything else he could get his hands on at Fenway Park. This would allegedly include an autograph of Red Sox legend Johnny Pesky under false pretenses.

According to law enforcement in both states, Suffolk Defendant attempted to sell the items in New York.

Apparently, he posed as the father of a sick child and convinced an auction house to sell the items to help him pay medical bills.

As you might have guessed, baseball memorabilia he had…a sick child he did not.

Continue reading "Nahant Alleged Fenway Thief Faces Charges In Massachusetts And New York" »

As Boston’s White Collar Crime Convicted Ex City Councilman Chuck Turner goes off anything-but- quietly into the federal sunset for three years, the state government’s sites now turn south.

Now, Gina Clark, the controversial founder of the defunct Cape Cod charity Touched by Angels is in the prosecutorial sites. A Barnstable County grand jury has indicted Ms. Clark (hereinafter, the “Defendant”) . She is charged with good old Massachusetts larceny, fraud, and associated charges, according to the Commonwealth.

The Commonwealth alleges that the Defendant stole tens of thousands of dollars from the charity, which was organized to provide financial help to families who had lost loved ones or who were dealing with medical problems.

“These families were targeted by this defendant and sought her help after going through truly traumatic circumstances, either losing a family member or dealing with serious medical conditions,” Attorney General Martha Coakley said in a statement. "By promising these victims financial support and then keeping the money for herself, we allege that this defendant stole tens of thousands of dollars from families in need.”

Continue reading "Cape Cod Charity “Angel” Is Indicted For Massachusetts Theft And Other White Collar Crimes" »

Sometimes, the themes portrayed in graphic novels (the new name for comic books which sounds so much more impressive) very closely resemble those we see in daily life. Take, for example, the saga of the “Amazing Spider-man”. For those of you ignorant of his story, he was created years ago by Marvel Comics as the first “anti-hero”. While he donned a colorful costume and fought crime with his unique...talents..., he was considered a vigilante and criminal by many people. He was, and is, the misunderstood hero. As I tell most people that my clients are not guilty, merely misunderstood, I suppose I identify with Spidey.

We learn today that another misunderstood entity which is often ridiculed, insulted and feared is the “Brutal Winter Snowstorm”. According to the experts, while we were all complaining about its activities, it was actually fighting Massachusetts crime. In fact, according to law enforcement and other specialists, it did better than merely fight crime... it prevented crime.

Apparently, the total number of major crimes, such as Massachusetts murder, rape, and assault, fell 22 percent this year through March 13, compared with the same period last year. While Boston shootings (nonfatal) are down slightly, the need for burglary attorneys and other Massachusetts theft-related criminal attorneys, have dropped significantly.

“I think these statistics have something to do with the bad weather,’’ said Jack Levin, professor of sociology and criminology at Northeastern University. “To commit a stranger rape, or robbery or even burglary or vehicle theft, all are going to require, for the most part, going outside. Even criminals get cold.’’

Continue reading "Massachusetts Violent Crimes Are Down…Who Is Responsible?" »

We seem to be living in the time of the realistic hero. Last year, “Kick-Ass”, a movie about a young man who decided to become a superhero was very popular. More recently, “The Green Hornet” was revisited, now as a semi-comedy, with a more realistic feel as the Green Hornet and Kato are now average guys just trying to “help out”. And this week, we have Bosolakhana Thach of Lynn, hereinafter, “Rod Woman”.

Rod Woman was working at her convenience store on Monday afternoon, when the proverbial “bad guy”, a man wearing a hood, dark sunglasses and a knife came in. The man, hereinafter, “the Robber”) was a calm sort. He leaned over the counter and quietly warned Rod Woman to stay away from any alarms and to give him the money from the register.

What the Robber may not have known was that Rod Woman was, in reality, “Robbery Victim X Two Woman”. She was determined not to allow a third.

As is apparently recorded on the surveillance video (woops!), the Robber, after making his demands, turned his head away from Rod Woman. It was then that Rod woman grabbed a 4-foot, 15-pound iron rod from behind the counter and brought it crashing down on his wrist.

The knife was knocked from the Robber’s hand.

Continue reading "Lynn Woman Strikes Perpetrator With Rod And Prevents Robbery – Attorney Sam’s Take" »

Sting operations in Massachusetts are not uncommon. They are employed by law enforcement to investigate various types of crimes from drug dealing to prostitution.

Oh yes. And guns.

Robert C. Kenney, 56, Christopher P. Littlejohn, 30, and Ramone Arakelow, 34, all from Beverly, (collectively, the “Defendants”) have now learned this lesson. They were arrested last week in such an operation. They allegedly thought they were planning a home invasion in Malden with “legitimate” co-conspirators.

The victim-to-be was a drug dealer.

The victim-to-be was not a legal citizen.

The victim- to be…did not exist.

The would-be victim was simply part of a fictitious scenario created by authorities who had been investigating the Defendants. What the various law enforcement agencies (FBI, State Police and various local police departments) were really after was weapons. One of the Defendants is suspected of selling seven illegal firearms in the Boston and North Shore areas, State Police said. The other two are suspected associates.

Continue reading "Malden Armed Robbery Sting Operation Yields Three Arrests – Attorney Sam’s Take" »

An unnamed gentleman was apparently going about his business in Dorchester Monday. Said business is known as "home invasion".

The break-in was on Beaumont Street and took place on Monday morning while the occupants were out. One was at work and the other...coincidentally enough...was on jury duty

The burglar took an awful lot of stuff, including all the electronics that he could find. This would include a laptop computer, television set and Nintendo Wii game system as well as other goods. The rooms were found, according to police, . “in disarray, draws (sic) opened, closets opened, items ransacked.”

However, the mystery thief apparently left a gift behind.

His blackberry cell phone. It was found on the bathroom floor. Near the broken window.

Continue reading "Police Seek Dorchester Burglary Suspect Who’s Phone May Turn Him In - Attorney Sam’s Take " »

Well, Gerald M. Hill, 48, (hereinafter, the “Defendant”) got good news and bad news yesterday at Boston’s Suffolk Superior Court. The good news? The robbery charges against him have been dropped. The bad news? He’s going back to jail, perhaps for life, anyway.

You see, the Defendant was on parole when he was accused of robbing a taxi company at gunpoint in 2009. His prior case, on which he was out on parole, involved the participation in two 1977 killings. I don’t know much about that case, but can tell you that he had not been found guilty of Murder in the First Degree because, if he had been, he would not have been eligible for parole.

The new charges were dismissed yesterday because the evidence against him were suppressed by the court because the court found that critical evidence against him had to be suppressed because of the police’ failure to follow “the rules” of search and seizure. Because the evidence was suppressed, prosecutors said, they no longer had enough of a case to prosecute the Defendant.

Continue reading "Boston Robbery Suspect Gets Robbery Charges Dropped Yet Held On Parole Violation- Attorney Sam’s Take " »

Toys collected for Toys for Tots, a program that provides gifts for children in need, were stolen from a Burlington warehouse facility between 2a.m. and 6:30 a.m. on Saturday. The 1,500 stolen toys were valued at $15,000.

According to police, the thief or thieves took only toys that were appropriate for children 8 –years-old or older and worth between $15 and $30. A container of toys that were donated to the State Police was “attacked,” but nothing was stolen from it, according to the Boston Globe.

The donation period for Toys for Tots ended on Friday, and police expect that even if replacement toys are donated, there will not be enough time to sort and distribute them. State Police are, however, collecting toys and checks for Toys for Tots at their barracks.

There was another toy-program theft in New Hampshire in late November of this year. A door was apparently jimmied and $500 of toys and clothing were discovered to be stolen. In that instance, a local radio station organized a fundraiser which raised more than $7,200 in one day alone.

The holiday season, which leads to financial difficulty for many, gives rise to what one newspaper called “the 12 crimes of Christmas.” Burglary and larceny, as seen from the incidents above, are among the crimes of the season. Some of the other common holiday crimes include: domestic violence, drunk driving, robbery, traffic assaults, car theft, hit-and-run, and identity theft.

Sources:
Boston.com, ‘Despicable theft will leave some children without toys Dec. 25, State Police say

NashuaTelegraph.com, Town rallies after theft from holiday toy program

OCregister.com, Watch out: The 12 Crimes of Christmas

Continue reading "Donated Toys Stolen from Burlington Warehouse" »

A Citizen’s Bank on Main Street in Malden was robbed Thursday afternoon, and police are looking for the suspect. At around 1 p.m., a man entered the bank with a note demanding money and warning that he had a weapon. As he was leaving, he ran into problems with the bank’s door locking mechanism and fired 5 shots into the door. He fled on foot down Leonard Street near Oak Grove. Police lost track of him and called off the search around 4 p.m. The suspect, a 5- foot-6 black male in a baseball cap, was captured on a bank surveillance camera. No one was injured.

Police suspect that this man is responsible for other bank robberies in Reading and Lynnfield. The FBI is investigating. It should be remembered that if a federal agent comes to speak with you, you need to call a lawyer before you say anything. Such agents might seem friendly and informal, but any information can be used against you later. Bank robbery is a federal crime under 18 USCS § 2113, and the potential punishments are serious, especially when the alleged robber was armed.

It should be noted that this alleged robber was lucky that his gunshots did not hurt anyone. If, for example, the shots missed the door or ricocheted and killed a bystander, the felony murder doctrine would be triggered, even though he did not intend the killing. Also, if police had fired at this suspect and killed a bystander by mistake, this alleged robber could be criminally responsible for the bystander’s death.

The Boston Globe, Malden bank robber exits, firing five bullets into door

Continue reading "Armed Bank Robbery in Malden" »

Middleborough police have received 12 reports of holiday decoration theft from front lawns since the beginning of the month. Among the items stolen were reindeer, lights, inflatable snowmen, Santas and a Grinch, nativity sets, and a Santa Claus mailbox.

The mailbox, which belonged to 77-year-old Robert Algier, was found in a nearby yard and returned days later. One reindeer was found on another street. Partly because of this, police have suspected that the thefts involve teenaged pranksters. Adding to that suspicion, police got their first and only lead Tuesday night with a report of two teenagers in a white car in the area of an inflatable-Santa theft. Police told a local news station that if the culprit or culprits are caught, a prosecution for destruction of property will follow.

Theft of outdoor holiday decorations is nothing new. Around this time every year, we hear about this kind of activity. While almost always intended as a prank, the potential consequences are not a joke. Penalties for destruction of property and larceny can involve fines, restitution, community service or even jail time. If the person/persons involved in these incidents are teenagers, as police suspect, they may find themselves in the awkward position of explaining a criminal conviction on a college application or at a job interview. That’s why it is important to talk to an experienced defense lawyer.

Sources:
WCVB Boston, Police: Grinches stealing Christmas displays

Boston Globe, Thieves channel the Grinch, steal holiday decorations in Middleborough

Continue reading "Several Reports of Holiday Decoration Theft in Middleborough" »

Kyana Jinks, a 22-year-old Dorchester woman, and her mother, Prensila Jinks, a 44-year-old of Roslindale, were arrested Tuesday after Kyana allegedly left a shoe store with a pair of boots hidden in a baby stroller, which held her young child. Kyana has been charged with shoplifting. Her mother has been charged with assault and battery on a police officer for allegedly scratching the officer confronting Kyana at the scene.

A Famous Footwear (Mass. Ave. location) employee allegedly saw Kyana place a pair of suede boots in the stroller and leave the store. The employee contacted police and followed her to another store. Kyana allegedly told the officer that her name was “Elizabeth” and that the child was her niece. She allegedly said that she had no identification and that the boot was in her car, although she had no car keys. The officer, finding a single boot in the stroller, was arresting Kyana when her mother arrived. Prencila allegedly denied being Kyana’s mother and attempted to leave with the young child. The officer tried to stop her, and she allegedly swung at and scratched his hand.

Because the holidays create a great deal of financial stress for most, especially in difficult economic times like these, incidents of shoplifting tend to increase during the season. Police are well aware of that, and they are cracking down on holiday looters by assigning new recruits to shopping centers. Boston police have added 37 new officers to the “holiday shopping beat.” They are watching shoppers closely and even giving their cell phone numbers to store clerks, hoping to increase response time.

Sources:

The Boston Globe, Police arrest Dorchester mom and daughter for shoplifting

MASSCOPS, Cops target holiday looters in New England

Continue reading "Mother and Daughter Arrested After an Alleged Shoplifting " »

A Boston man was arrested Sunday morning. He was charged with breaking into a tow truck in Brighton. He was carrying a large attitude and a strong desire to re-invigorate the “Let’s Do Everything Possible To Make Matters Worse” club.

Of course, William Ashmore, 36 (hereinafter, the “Defendant”) had his reasons. After all, his vehicle had been towed and, according to law enforcement, the towing company was refusing to give it back to him.

Now, to be fair...they had a point of view too. They wanted him to pay the required fee first.

When the police came to investigate, the Defendant ordered that they release the vehicle to him. When they explained that he had to pay the fee first, he is said to have begun disparaging the officers.

Apparently, said communications included questioning of the officers. Questions included tidbits like, "I went to college ... what did you do?"

Continue reading "Attorney Sam’s Take: A Boston Man Faces Criminal Charges For Breaking Into A Tow Truck " »

In response to a recent wave of church break-ins, Boston police are sending officers to churches around the city to gather information and give security-related advice. Roxbury’s Mission Church, formally named the Basilica of Our Lady of Perpetual Help, was broken into twice last month, and police think that the same suspect is also responsible for other thefts reported on November 22 and November 29.

A surveillance video released by police shows the most recent break-in. According to the Boston Globe, it captures a man forcing his way into a locked area of the church and leaving with a “gold object.”

St. Anthony Shrine, a Catholic church on Arch St. in Downtown Crossing, was broken into on November 17. There was damage to the property including a shattered window, but nothing of value was taken because, the executive director of the shrine thinks, the two donation boxes had been emptied earlier in the afternoon.

The person who is charged in connection with these church break-ins, or any one of the break-ins, will be facing some potentially severe punishments for burglary and other crimes. Here, it does not matter that the churches are not “dwellings” in the traditional sense (i.e. places where a person sleeps regularly)because Massachusetts has made statutory modifications to the definition of burglary and it includes breaking and entering into any building at any time with intent to commit a felony.

Even though nothing of value was taken from the St. Anthony Shrine, it doesn’t matter because a felony doesn’t have to be committed as long as it is proven that the defendant intended to commit a felony.

Burglary is punishable by up to 20 years if the defendant was not armed and didn’t make an assault. If you have been charged with burglary, call a defense lawyer right away.

Sources:

The Boston Globe, Boston police seek suspect in several Boston church break-ins

The Boston Globe: St. Anthony Shrine damaged during break-in

Continue reading "Police Looking for Suspect in Boston Church Break-Ins" »

As we end our Thanksgiving celebration for 2010, the Boston Criminal Lawyer Blog brings you yet another reason to be grateful. We, as a society, have made another step forward in the cause of equality. This blog being what it is, of course, that stride involves the criminal justice system. More specifically, it is in the genre of Massachusetts robberies.

We break this “good” news with the story of Cheryl Fitzgerald (hereinafter, the “Defendant”), a young lady who, on September 22nd, is alleged to have entered the Hometown Bank in Webster wearing a New England Patriots cap and giving the teller a note stating “Give me the money. No dye packs.”

The Defendant was arrested on November 7th in Daytona Beach, Florida, and then extradited back to the Commonwealth. Finally, she was arraigned in Dudley District Court and ordered held on $5,000 bail. She stands charged with unarmed robbery and larceny over $250. Since the robbery was of a bank, she could also end up facing charges in federal court.

The investigating detective, Webster police detective and 17-year police veteran James T. Hoover, recognized this robbery as a breakthrough of sorts. He explained, “I have had 15 bank robberies in my career and that is my first woman…that (bank robbery) was our fourth one this year.”

But, a man of the times, Detective Hoover said that the fact that the suspect was a woman was not really much of a shock.

Continue reading "Attorney Sam’s Take: Massachusetts Female Robbery Rate Is Up – Are Drugs The Reason?" »

Since it is the holiday season, Attorney General Martha Coakley is reminding consumers and businesses about Massachusetts laws regarding return policies and final sales, and prosecutors are focusing on fraud and bad checks.

District Attorney Daniel F. Conley is offering help to Suffolk County businesses (those located in Boston, Chelsea, Revere and Winthrop) to cover bad checks and get the offender credit counseling. The idea is that many bad check cases can be resolved without using the time and resources that criminal prosecutions require.

Conley’s plan is called the Bad Check Restitution Program, and its main goal is to get restitution for local businesses and simultaneously deter repeat offenders. Specifically, a mandatory intervention class (in addition to restitution) is available for first time bad check offenders. Such offenders will have to complete the class at their own expense.

In Massachusetts, writing a bad check is a crime called “larceny by check” where the person knew at the time he/she wrote the check that there were not sufficient funds in the bank to cover the check and he/she intended to defraud the bank or other party. If the value is $250 or less, it is a misdemeanor. If the value is more than $250, it’s a felony. Checks for more than $2,500 will not be eligible for Conley’s program, but there are no minimum dollar restrictions for eligibility.

Source: The Boston Globe, Prosecutors offer holiday shopping advice for consumers and businesses

Continue reading "Prosecutors Aim to Help Businesses and Deter Bad Checks as Holidays Approach" »

In East Boston District Court, Sharnell Donahue, 31, and Diane Tuck, 51, have pleaded not guilty to the Massachusetts criminal charge of armed assault with intent to rob. Donahue also entered not guilty pleas to the charges of assault and battery with a dangerous weapon and armed assault with intent to murder.

Donahue is accused of allegedly stabbing a 44-year-old woman in the chest in Winthrop on the evening of November 11 and conspiring with Tuck and a 15-year-old girl of robbing the victim of drugs. Police were able to apprehend Donahue and Winthrop because of information gathered from witnesses, including the license plate number of a vehicle seen driving away from the stabbing scene. A black ski mask, which Donahue allegedly wore during the alleged assault, was found in the station wagon. Tuck had a knife with her when she was apprehended.

A judge has ordered Donahue and Tuck to stay away from the victim. Bail was set at $50,000 each and upon posting it the women would have to wear a GPS locating device.

Massachusetts Assault and Battery
Assault usually includes a threat of violence, while battery implies the unlawful physical contact of another person without permission granted. No physical harm needs to have occurred for an assault and battery charge to be filed. In some cases, the alleged threat and intended act will suffice.

Common Massachusetts Assault and Battery Charges:
• Indecent assault and battery
• Aggravated assault and battery
• Vehicular assault
• Assault and battery with a deadly weapon
• Assault and battery upon a child
• Assault with intent to kill
• Assault with intent to rob or murder
• Assault with intent to commit a felony
• Assault with intent to commit rape

There are serious consequences that come with a conviction for a Boston assault and battery crime.

Everett women face stabbing charges, Boston Herald, November 12, 2010

Two Everett women deny role in stabbing of woman in Winthrop, Boston.com, November 12, 2010

Related Web Resource:
Massachusetts General Laws

The Journal of Criminal Law and Criminology

Continue reading "Two Everett Woman Accused in Botched Winthrop, Massachusetts Robbery and Stabbing Plead Not Guilty" »

After a week nursing an eye issue, I am back to my Boston Criminal Law Blog…although it may take another week or two to go daily. I plan to blog Monday, Wednesday and Friday this week. Hopefully, the other “mini-blogs” are keeping you informed, if not entertained, in the meantime. However, in my absence, I see (to the extent that my temporary eye patch will allow) that not very much has changed. College campuses are still the scenes of crime, shootings continue and police officers continue to assault and be assaulted.

Let’s take Cambridge’s Harvard University for example.

Kai Robert Kruger, 21 (hereinafter, the “Defendant”) ran into a bit of trouble on Harvard’s campus this weekend. According to authorities, he was arrested after firing a gun at a police officer and attempting to rob three Harvard University freshmen at gunpoint.

Apparently, the Defendant had stolen the students' wallets, credit cards and cell phones before the officer’s arrival.

But then, his luck began to turn.

Continue reading "Attorney Sam’s Take: Harvard University Campus Is The Scene Of Robbery, Assault And Shooting" »

Someone looted money from collection boxes and smashed a stained glass window at Roxbury’s Mission Church this weekend. Church personnel reported the theft on Sunday morning. Police told the Boston Globe that between $200 and $300 could have been in the collection boxes.

The church, formally named Basilica of Our Lady of Perpetual Help, is well-known for being the site of the late Senator Edward Kennedy’s funeral. The stained glass window that was smashed was estimated to be more than 100 years old.

Police are investigating the crime.

Source: The Boston Globe, Thieves loot poor boxes at Roxbury’s Mission Church

If you have been charged or think that you are being investigated for a theft crime in Massachusetts, it is important to contact a criminal defense lawyer. There is a wide range of potential punishments for Massachusetts theft crimes, and the penalties can be very serious.

Continue reading "Collection Boxes Looted at Roxbury Church" »