Boston Criminal Lawyer Blog

Yesterday, I had to go to a local Massachusetts Registry of Motor Vehicles. Now, I am a lawyer. I have some idea of how some of these things should work. I am also somewhat knowledgeable about the system, bureaucracy and red tape, including how simple things can be made very unsimple. The result? I walked out about 2 hours later (the ticket I was handed said I would be seen in 8 minutes) and with my goal still not reached. Not only that, but this inconvenience resulted in the first time I saw the clerk perform what I took to beng the closest she ever came to a smile.

What can one do? Well, today I can take the small step of delivering a blog about the RMV!

Well, sort of.

I direct your attention to Framingham, where sits a Middlesex grand jury which has returned indictments recently against Mr. Ahmed S., 30, (hereinafter, the “Defendant”). He had been arrested a month earlier due to an investigation which apparently revealed that he was falsifying drivers' licenses, the AG's office said.

Continue reading "Boston Attorney General Indicts RMV Clerk For White Collar Crimes" »

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" »

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" »

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!" »

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" »

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" »

Some folks in Boston will go to great lengths to avoid contacting a criminal defense attorney!

Take the case of 36-year-old Francis V. (hereinafter the “Defendant”) for example. He wanted to avoid court so much he chose self-mutilation over consulting an experienced defense attorney.

The Defendant had a pending drug trafficking case for trafficking in which he had already defaulted. No, the Defendant did not simply have one warrant pending for his arrest...he had 13 such warrants pending.

In an attempt to keep those warrants pending, in other words not falling down upon him like a law enforcement net, he mutilated his fingers in order to conceal his prints.

Continue reading "Boston Drug-Trafficker Is Arrested On Outstanding Warrants And New Weapons + Forgery Charges" »

...And once again we are reminded of this year’s movie The Watchmen, where the catchphrase was “Who watches the Watchmen?” The setting is Boston’s northern neighbor, Salem, Massachusetts. The person is Marie M., 38, a former accounting clerk of Lawrence's Probation Department (hereinafter, the “Defendant”). That’s right, the same probation department entrusted to oversee criminal defendants as they try to follow advice and role models to work their way back onto the “straight and narrow”. The Defendant’s current position is beside her defense attorney, facing charges of embezzlement in the amount of more than two million dollars.

According to the Commonwealth, the Defendant had crafted an elaborate white collar scheme that managed to elude detection for nearly three years. During her 19 years with the department, she allegedly managed to employ a host of complex accounting maneuvers to pocket approximately $12,000 a week from 2006 through this summer, when she left work amid troubling questions posed by suspicious auditors.

Last Thursday, the Defendant was in court in Salem Superior Court, facing felony charges. During the hearing, prosecutors marveled what they called an intricate and sophisticated scheme. The Defendant was apparently the only person in the department authorized to change entries in the court's accounting system and she is said to have used this position to manipulate records and bank deposits to cover her tracks. Further, prosecutors allege that auditors who uncovered the alleged fraud had only encountered one of the Defendant’s methods (known as a "negative, non-money error reversal") once or twice over the past 20 years.

Continue reading "Probation Official, Charged with Felony Larceny, Makes Incriminating Statements To Investigators" »

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" »

Sometimes the memories of Thanksgivings past are ones you might prefer to forget. Take a particular North Adams police officer who was testifying at a criminal trial-his own, side by side with his criminal defense attorney.

The events at issue took place last Thanksgiving.

Officer Joshua M. (hereinafter, the “Defendant”) is on trial for two counts of assault and battery with a deadly weapon, one count of assault and battery, one count of witness intimidation, and one count of filing a false police report about the incident, which involved treatment of a Pittsfield prisoner. The defense is that because said prisoner was covered with his own excrement from the middle of his back down to the back of his knees, the Defendant felt he had fewer options in trying to restrain the drunk and combative man.

The Defendant testified that he didn't pat down the Matthew T. (hereinafter, the “Prisoner”) at the North Church Street scene where the Prisoner had caused a disturbance by kicking doors and defecating on a welcome mat. He further explained that his training indicated that he should avoid touching bodily fluids to prevent exposure to potentially infectious diseases.

Continue reading "Massachusetts Police Officer Is On Trial For Assault and Battery With A Deadly Weapon" »

Joseph L., 43, of Derry, New Hampshire, (hereinafter, the “Defendant”) was once a happy and successful man. A father of five, he built himself up from obscurity in Brockton to the purchasing director for North Andover, Massachusetts. Now, divorced and placed on leave, he is in need of a criminal defense attorney. A court-appointed defense attorney, in fact.

The week began with his turning himself in to North Andover police upon learning that there were warrants out for his arrest.

According to the Commonwealth, the Defendant is guilty of embezzlement. Specifically, the prosecution says that, during his two years as the town’s purchasing agent, he only performed one half of his job correctly. They say he sold surplus town vehicles and snow plows on eBay (the half he was supposed to do) but that he pocketed the money himself (the half he was not supposed to do).

One must wonder how much such augmentation to his salary helped given that the court determined that he qualified for a court appointed attorney, meaning that he was without the funds to afford his own.

Continue reading "Charged With Embezzlement, Massachusetts Official Faces Felony Charges Of Larceny" »

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" »

Today, the news comes from just outside of Boston. It is a white collar fraud case that graces our blog and signals the need for a criminal defense attorney. Actually, to avoid conflict of interest problems…make that two defense attorneys.

The complainant hails from Cambridge and she alleges that she was scammed out of thousands of dollars by Kathy Y., 48 of Medford (hereinafter, the “Defendant”). As a result, both the Defendant and a 17 year old, allegedly her daughter, were arrested on October 21st and are now charged with larceny over $250 and conspiracy. Larceny over $250 is a felony charge.

The actual complainant was brought to the attention of law enforcement by her mother who explained that her daughter, 28, (hereinafter, the “Complainant”) suffers from a severe mental disability that prevents her from being able to work or provide for herself. She said her daughter was duped out of about $6,000 from a woman claiming to be a psychic. The psychic was later identified as the Defendant.

According to law enforcement, the Complainant had been approached by the Defendant, who had claimed to be a psychic named “Theresa” who read the Complainant’s palm for $25 in Porter Square. After the palm reading, the two exchanged phone numbers. Later that evening, the Defendant is said to have called the Complainant and offered to help her love life for $1,000 up front. When the Complainant explained that she did not know how to get the money from the bank, the Defendant graciously guided her in the effort. A few days later, the Complainant got the money and the two agreed to meet. When they met, the Defendant had another woman with her, who turned out to be the above-referenced 17 year old.

Continue reading "Boston Area Psychic Is Arrested For Theft And Fraud" »

Yesterday, we dealt with the latest celebrity crime matter, the David Letterman extortion case. Today, another white collar case is the topic, this time right from the Boston area. The crime is Larceny. That’s right, that is what Letterman’s blackmailer was charged with as well. This, however, seems to simply be about plain old-fashioned theft.

The alleged crime involves the theft of hundreds of Verizon Blackberrys and the sale of them on the internet. To date, the suspects' rewards include hundreds of thousands of dollars collectively and one criminal defense attorney each.

“This was an extensive scheme,’’ the Middlesex District Attorney said in the statement announcing the indictments. “We thank Verizon for first discovering this scheme and then contacting authorities immediately…’’

He estimated the alleged scam had a value in excess of $600,000.

Continue reading "Three Indicted For Larceny Scheme" »

Last week, Boston joined the rest of the country in watching the revelations of the extortion of David Letterman. Letterman confessed to sexual relationships with staffers on his show and Robert H. (hereinafter, the “Defendant”), standing with his lawyer, pleaded "not guilty" to grand larceny charges and posting $200,000 in bail money.

Ironically, the Defendant is no stranger to crime stories, being a producer for CBS’ true-crime show "48 Hours." Apparently, he has worked for the network for 27 years and has no prior criminal record.

According to the prosecution, the Defendant demanded two million dollars last month in order to prevent the releasing of information about Letterman's sexual exploits with female staffers. Trying to disguise the blackmail note as a screenplay treatment, the note opined that Letterman's world would "collapse around him" when information about his private life was disclosed, leading to "a ruined reputation" and damaging his professional and family life.

Rather than simply giving in to the extortion plot, Letterman is said to have contacted his lawyer who arranged a meeting with the Defendant wherein the Defendant demanded $2 million to keep the material secret. After the meeting, law enforcement was contacted and the investigation began.

Continue reading "The Boston Criminal Lawyer Blog Joins The Rest Of The Nation As The Letterman Extortion Case Comes To Court" »

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" »

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" »

Two scenarios. In the first one, you are on the streets of Boston when you are placed under arrest. The police bring you to court in due time. As you get out of the transport, there is a crowd of people outside yelling questions. You do not see them too well because you have to keep diverting your eyes from all the flashbulbs. In the second scenario, you have heard the rumblings of an investigation amid your colleagues; you seem to be its target. Everybody is treating you differently. You are scared, although you smartly have already hired an experienced criminal defense attorney. You feel that your rights are being violated every day and you have had it. You call your lawyer and tell her that you want to expose all this unfairness to the media. She says, “Not yet”.

These two scenarios are not far-fetched and they could happen anywhere at virtually any time. Both are scenarios my clients have faced. The scenes are harbingers of what is to come. Their message is, “You are about to witness, first hand, how Justice changes when the media circus roams into the criminal justice tents.”

Unless someone involved is already a celebrity, this will happen most often in cases involving homicide or sexual assault. If you are a celebrity, such as the late Michael Jackson, you simply have to be involved. When Michael was charged with, and then on trial for, a sexual assault, it was basically the number one news story. This week, as he was laid to rest, Michael was on top of the headlines again, albeit in another criminal justice role. Now, there is question of whether he was the victim of some kind of homicide.

Continue reading "Boston’s Attorney Sam’s Take Reviews Arrest And Prosecution In High Profile Matters…Other Than Michael Jackson Suspicious Death" »