Boston Criminal Lawyer Blog

This is a fact scenario you don’t see every day. It also brings forth another Massachusetts criminal defendant who likely thought he would never see himself being prosecuted for felony crimes.

Michael Clair, 53 years of age and hereinafter the “Defendant” was once a practicing dentist in Fall River. Now, he lives in Maryland. Soon, however, he may be back in the Commonwealth residing in involuntary government housing.

You see, the Defendant has pleaded guilty to an apparent scheme in which he was involved while practicing in Fall River.

Folks would go to the Defendant to get, among other things, root canals done. And the Defendant would give them root canals. However, it would appear that he used some unknown cost-cutting measures. For example, he would substitute paper clips instead of stainless steel posts, according to Boston's Attorney General.

Perhaps that would not have been so bad if he had shared the savings. However, not only did he not tell his patients, but he also failed to mention it to Medicaid. In fact, he is said to have billed Medicaid for the cost of the stainless steel posts he was supposed to have used.

Presto! Change-o! The dentist became the Defendant.

Facing Medicaid Fraud, Grand Larceny and Assault and Battery charges, the Defendant has pleaded guilty and is awaiting sentencing. Incidentally, he has also pleaded guilty to tampering with evidence, intimidation of a witness, and illegally prescribing hydrocodone, Combunox, and Percocet.

All around bad news for the Defendant.

But, wait! There's more!

This situation apparently began coming to light when the Defendant was investigated, in 2002, from the Medicaid (MassHealth) program. The Defendant was suspended from the program. Determined not to be a "quitter", after his practice , Harbour Dental, hired other dentists who had not been ejected from the program, he apparently picked up where he left off. He began filing claims again, using their information for services he provided. According to AG Coakley's office, this totaled about $130,000 over the course of two years.

In March 2010, a Bristol County grand jury indicted the Defendant and he was arraigned in April. He was released and ordered not to have any contact with the complainants in the case.

By November, he was facing the new charges of tampering with evidence and intimidating a witness.

Continue reading "FALL RIVER DENTIST IS CONVICTED OF WHITE COLLAR CRIMES, ASSAULT AND BATTERY" »

South Bosotn’s Whitey Buldger’s new attorney, J.W. Carney, Jr., has been heard explaining to the media that the government has had 20 years to prepare his client’s case for trial and that he has had the matter for (at the time) 5 days. From Boston’s Federal District Court to school disciplinary hearings, we have discussed the existence of an unequal playing field facing you when the finger of accusation comes to call.

Let’s end the week with one more example, shall we?

The Boston Globe reports that it has obtained a police an Internal Affairs Division report about a police officer involved in what has been called one of the most notorious police brutality cases in the city’s history. The matter stems from a 2009 arrest in the North End. The officer, David C. Williams (hereinafter, the “Officer”) has been placed on paid administrative leave for lying during the department’s investigation into the incident.

In 1999, the Officer was fired from the force after being implicated in the racially charged 1995 beating of an undercover police officer. He was then reinstated with nearly $550,000 in back pay after a civil service arbitration in 2005.

In the instant matter, the Officer faces the possibility of losing his job under Police Commissioner Edward F. Davis’s nearly 19-month-old policy of dismissing officers who lie in the line of duty, to internal affairs investigators, or in court (aka what would be called "perjury" if a non-officer did it.

The Officer’s attorney insists his client told the truth about the 2009 North End arrest. “He’s absolutely testified honestly and truthfully about the incident that occurred,’’ his lawyer explains . “Any conflicts about the incident were the result of a fast and rapidly evolving incident.’’

Do you find it odd that such claims are supposed to be believed when made on behalf of a police officer by his officer, yet not for the rest of you?

Anything wrong with that?

At any rate, the Officer is appealing the finding. A hearing is scheduled for later this month.

Attorney Sam’s Take On The On-Again/Off-Again Relationship Between Law Enforcement And The Truth

The relationship between police officers, or federal agents, and objective factual truth tends to be a bit tumultuous. Whether it is a good day or a bad day in said relationship, be assured that it is a different relationship than the law provides for you.

This case demonstrates this fact brilliantly.

For example, you would be prosecuted for perjury.

Continue reading "Boston Police Officer Allegedly Lies To Police Investigators And Faces No Criminal Charges" »

In case you missed it, James “Whitey” Bulger (hereinafter, “Whitey”), the long-sought reputed mob boss of Boston, was arrested and brought back home last week. Home for Whitey was South Boston. Standing there now, of course, is Boston’s Federal Court…which promises to house a great deal of the rest of his life. He is now in his 80’s and charged with many federal crimes.

Whitey’s arrest was difficult to miss last week. What was easy to miss, I suppose, were nasty words like “alleged” when discussing his past. Leave it to a die-hard experienced criminal defense attorney like me to notice. I can be a bother that way.

Anyway, Whitey’s history, whatever the actual truth turns out to be, is , and will continue to be, fodder for a host of blogs like this one. In fact, I can see focusing on his story(ies) all week this week. We’ll see.

Leave it to Whitey, though, he returned throwing the government for a loop right off.

You see, Whitey is believedto have access to all kinds of money. He was also arrested in possession of a great deal of money. The government, of course, believes that this money must be ill-gotten gains and so contends that he should not have access to it. Indeed, in these types of cases, monies are routinely seized by the prosecution as they bring an action for forfeiture of the funds.

A criminal defendant in this country, particularly when facing the possibility of incarceration, has the right to an attorney. We treasure this right so highly that, if a defendant is found to be indigent, unable to afford his/her own lawyer, one is provided. When this topic came up last week during one of two hearings for Whitey, he indicated that the only way he could afford his own attorney was if the government gave him access to the money they seized.

The government objected, claiming that Whitey had access to other funds and that the monies seized were to be forfeited.

The court appointed a temporary lawyer and US District Court Chief Judge Mark L. Wolf has now Ordered said temporary lawyer and federal prosecutors to try to reach an agreement about whether Whitey is entitled to a public defender by the end of the day today.

Both sides are expected to file memoranda and affidavits concerning Whitey’s finances. A hearing is scheduled on the subject on Wednesday.

Whitey’s longtime companion, Catherine Greig, who has been charged with harboring a fugitive, has also requested a public defender.

That matter is also expected to be addressed in court this week as well.

Attorney Sam’s Take On The Right To Counsel And Presumption Of Innocence

The issue of whether or not a criminal defendant gets a court-appointed lawyer is an issue between the court and the defendant. Generally, the prosecution has no standing to address the issue.

Continue reading "South Boston’s Whitey Bulger Needs Experienced Massachusetts Criminal Defense Attorney" »

We have been talking about juries and their deliberations. Sal DiMasi will be sitting in the hot seat as a Boston federal jury determines his fate next week. As you may have heard, the judge has handed down to the attorneys a draft of the jury instructions he intends to give when he charges the jury. It is the last chance for the attorneys to influence what the jury hears during the trial. Once they deliver their closing arguments, the judge charges the jury and it is all in the juror’s hands.

It is an uncomfortable place for a trial lawyer to be. Believe me, I have been there countless times. There is nothing more you can do…but wait, relive how things went and, most of all, guess what is on the jury’s collective mind.

What images did they take into the jury room? How much did they understand the law as the judge gave it. How much do you want them to have understood that law? Most of all, what perception of reality did the jury take back to that jury room with them?

And the last chance for the white collar crime attorneys to influence that sense of reality is the next 24 hours. The presiding judge, the Honorable Judge Wolf, has handed down potential jury instructions and has indicated that he will wait until the attorneys give their closing arguments (tomorrow) to finalize the instructions.

And then…the choice is the jury’s. The court has indicated that, “I’m going to instruct the jury that they have to consider each defendant, and they can choose to convict one of them, two of them, none of them, or all three.”

That much is clear. However, other issues with regard to the instructions are not so clear. For example, the defense lawyers want the court to tell the jurors that in order to convict DiMasi, they must find that he hatched a kickback scheme and directed payments to be made to associates in exchange for his help — a threshold that they say prosecutors have failed to prove.

Prosecutors, however, say they need to prove only that DiMasi was a willing and knowing participant in what they allege was a conspiracy to help a Burlington software company win state contracts in exchange for hundreds of thousands of dollars in kickbacks.

And so, while finalizing closing arguments, the fight for instructions has been on. The court heard argument from all sides today. While potential instructions have been handed down, nobody will know what the court will actually tell the jurors until he actually gives the charge.

And so, as the trial nears its end, the pressure is on the lawyers to find the right words in this final attempt to give the jury the most important thing which will effect the outcome of the trial.

Continue reading "Sal DiMasi Corruption Trial In Boston Federal Court Is Close To Going To Jury" »

Yesterday, we began our discussion about the Littleton coach (hereinafter, the “Defendant”) who had apparently lied before a Grand Jury when summoned to testify in connection with an ongoing Middlesex County rape investigation.

As we discussed, and it certainly deserves repeating, lying to authorities about an ongoing investigation, either under oath or not, is a crime. The only thing that changes is which crime it is going to be.

In this case, the apparent lies were spoken under oath. In the Grand Jury, witnesses are sworn in and questioned by a prosecutor about whatever is being investigated. To lie while under oath is the crime of perjury.

The Defendant was questioned about, among other things, whether he had committed certain crimes such as providing alcohol to minors. He denied having done so.
The government decided that the Defendant had committed perjury because his testimony, albeit self-serving, was contradicted by other witnesses.

To me, this brings about a couple of troubling questions.

Continue reading "Middlesex County Perjury Case, Littleton Lies And The United States Constitution" »

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" »

This week has not been a good one as far as the reputation of “higher learning” is concerned...and, for once, it had nothing to do with either drugs or bullying!

First of all, there is the case of Falmouth’s own Luk Van Parijs (hereinafter, “Penalized Prof.”, who has just pleaded guilty in Boston’s federal court to white collar crimes.

Penalized Prof. Is a 40-year-old former associate professor of biology from MIT. He was fired in 2005 for falsifying data in scientific papers. The papers concerned experimentation about generating a transgenic mouse in his lab. The charge was making a false statement in a federal research grant application, the US Attorney's Office said. He is due to be sentenced in June. He faces the potential of five years in prison, three years of supervised release, and a $250,000 fine.

In 2009, Penalized Prof.’s career began to unravel when the federal Office of Research Integrity found that he had engaged in scientific misconduct by submitting the false data in numerous grant applications. He was also found to have falsified data in numerous scientific publications and presentations and one book chapter.

MIT’s embarrassment was shared today by a local law school today as well. Well, at least a student is embarrassed. And that’s the least of his problems now.

John Ethan Cassidy, a 26-year-old University of Massachusetts School of Law student (hereinafter, “Legal Gunner”) was arraigned today on a variety of firearms charges for allegedly possessing an AK-47 assault rifle and a 9mm pistol, Dartmouth police said. He was arrested yesterday evening as he left the school.

Legal Gunner had moved to the area in August 2010, police said in a statement. He was originally from Spring, Texas. Unfortunately, he was apparently also wanted on a warrant from that state. Law enforcement says he will also face charges at a later date of assaulting his roommate. The guns were apparently uncovered, along with large-capacity magazines and several hundred rounds of ammunition in his apartment.

Continue reading "Massachusetts College Professor And Law Student Face Criminal Charges Ranging From Assault, Guns And White Collar Crime – Attorney Sam’s Take" »

Chuck Turner (hereinafter, the “Defendant”) faced the federal judge yesterday. Finally, after listening to lord knows how many hours from the Defendant, the judge got to have his say. It was sentencing day for the Defendant. The final act of the recent federal trial during which a jury found him guilty of white collar crmes

The defense argued for leniency for the 70-year-old civil rights crusader. They pointed to his four decades of service as a community activist and elected official...aside from whatever other corruption one might assume took place during those years. They appealed to the court to give the Defendant probation, allowing him to avoid obligatory government housing altogether.

The prosecutors suggested a prison term of 33 to 41 months. They argued that the Defendant lied on the witness stand (aka perjury) and that he made a mockery of public office and the criminal justice system.

The Defendant was convicted in October of attempted extortion and three counts of providing false statements to FBI agents. He protested his innocence then and does so now. He blames his conviction on a government conspiracy to discredit elected officials of African-American descent.

Continue reading "Chuck Turner Is Sentenced In Boston’s Federal Court For White Collar Crimes- Attorney Sam’s Take " »

Former Massachusetts State Senator Dianne Wilkerson has been sentenced to serve 3 ½ years in state prison for accepting $23,500 in bribes. Wilkerson had pleaded guilty to criminal charges of eight counts of attempted extortion last year.

In 2008, she was caught inserting $100 bills in her bra as part of a kickback scam. Wilkerson was accused of taking eight cash payments between 2007 and 2008 from undercover agents and a witness who was secretly working with the FBI. The former state senator was captured on approximately 150 video and audio recordings saying she was going to use some of the money at a casino, as well as to embark upon a sticker campaign in the wake of losing the 2008 Democratic primary.

While prosecutors had pushed for Wilkerson be sentenced to four years in prison, her legal team had argued for less time. The sentence that Wilkerson received is in line with federal sentencing guidelines.

The former state senator, who has been ordered to turn herself in on March 11 so she can start serving her federal prison term, said today that the believes that she was pursued by corrupt federal prosecutors who didn’t like the fact that she was among the politicians that challenged the status quo. Originally, Wilkerson had faced 32 charges of allegedly taking bribes, but the government agreed to drop 24 of the criminal charges. Mail fraud and wire fraud and conspiring to extort cash were among the charges.

Wilkerson sentenced to 3 1/2 years in corruption case, Boston.com, January 6, 2011

Wilkerson guilty of attempted extortion; prosecutors recommend up to 4 years, Boston.com, June 3, 2010

Related Web Resources:
White-Collar Crime, Federal Bureau of Investigation

White-Collar Crime: an overview, Cornell University Law School

Continue reading "Ex-Massachusetts State Senator Dianne Wilkerson Sentenced to 3 1/2 Years in Prison For Accepting Bribes" »

I am often asked whether Massachusetts prosecutors and judges are more lenient during the holiday season. The answer is like most answers in human events...it depends. As we end the year in which various unlikely Massachusetts criminal defendants have faced “Justice” at the bar, it is worth seeing what sentences have been coming down in cases ranging from fraud, to bribery, to sexual assault...and beyond.

Today, let’s look at an on-going sentencing struggle in federal court. it is the case in which the fate of former state senator Dianne Wilkerson is still being battered about like a piñata although she pleaded guilty months ago. As I have mentioned in the past, federal sentencing is a complicated process, complete with its own book of rules and guidelines as well as the consideration of virtually anything under the sun including the alleged existence of potential uncharged crimes.

Ms. Dickerson was supposed to be sentenced this week pursuant to her plea bargain. However, a hearing as to new allegations (supposedly committed long before her plea bargain) was held. At the hearing, the court heard testimony from a Dorchester businessman that Ms. Dickerson had pressured him to pay her several thousand dollars from 2002 to 2006 to help relieve her financial problems and that he complied because he thought it would give his multimillion-dollar development proposal in her district a boost.

“I felt it couldn’t hurt me in moving my project along,’’ testified businessman Azid Mohammed, who prosecutors say paid Wilkerson $6,700 in checks and cash. He testified in US District Court during an unusual evidentiary hearing that sets the stage for Wilkerson’s sentencing next month in a bribery case. But he added, “No, I didn’t want to make those payments.’’

By the way, in case you are wondering, there is no news of his being charged with anything such as offering or paying the bribe..

Continue reading "Attorney Sam’s Take: Massachusetts Criminal Sentences For 2010 Crimes Of Fraud, Bribery, Sexual Assault And Beyond Are Discussed And Compared (Pt 1)" »

A disciplinary hearing is being conducted by the Boston City Council today during which Chuck Turner, who has represented Roxbury, is expected to be ousted.

Last month, Turner was convicted in federal court of attempted extortion and providing false statements to FBI agents. The dramatic trial featured a video , testimony and cross-examination of the Councilor, and a shouting confrontation between the U.S. Attorney and a key government witness. Prosecutors had alleged that Turner accepted money to help Ronald Wilburn, a Boston business man cooperating with the FBI, to get a liquor license. Turner is to be sentenced on January 25, and prosecutors haven’t disclosed what they will recommend. In the meantime, the City Council could expel Turner by a 2/3 vote at today’s disciplinary hearing. Six councilors have already stated that they will vote for removal, and 8 will be enough for expulsion. If it goes through, the expulsion will be effective Friday.

This is a high-profile example of how a criminal conviction can wreak havoc on a person’s future and reputation. Although Turner worked in public service for more than a decade, he could now suffer the humiliation of being the first member removed from office in the 100-year history of the City Council. Under state law, the conviction will force him to forfeit his city pension. If expelled, he could also lose his biweekly paycheck. This will all be in addition to his ultimate sentence, which could be up to 20 years for the extortion charge and up to 5 years each for the false statement charges.

If you have been charged with a crime, you need to hire an excellent defense attorney to protect not only your liberty but also your name, career and future.

Sources:

The Boston Globe: Turner’s City Council career expected to end later today

The Boston Globe: Boston Councilor Chuck Turner convicted on all counts in corruption case

Continue reading "Turner Likely to Be Expelled from Office Today" »

Former Massachusetts state senator Dianne Wilkerson is expected to receive her sentence date this week. Wilkerson pleaded guilty in June to eight counts of attempted extortion after she was caught on tape stuffing bribe money into her shirt and accused of taking $23,500 in bribes. She allegedly took eight cash payments from undercover FBI agents and a witness cooperating with the FBI in 2007 and 2008.

Prosecutors told the Boston Globe that they plan to ask for a four-year sentence, while Wilkerson’s lawyers have said that they plan to ask for less than the three years and two months suggested as the minimum in federal sentencing guidelines. They hope that the judge considers Wilkerson’s years of public service. The case’s status conference was scheduled for today by U.S. District Judge Douglas Woodluck.

When the judge ultimately determines Wilkerson’s sentence, he will likely consider her years of public service as her defense counsel hopes because 18 U.S.C. § 3553 requires judges to consider the history and characteristics of the defendant as well as the nature of the offense, the kinds of sentences available, the applicable sentencing range, and the need to avoid unwarranted sentence differences between defendants with similar records who’ve been found guilty of similar offenses. However, Wilkerson’s lawyers’ hope for a sentence less than the suggested minimum might be difficult to realize because statistically judges follow the sentencing guidelines(or depart from them at the request of prosecutors) in 85% of cases.

There are several possible reasons why judges follow these guidelines in such a substantial amount of cases. First of all, from 1987 through 2005 the “guidelines” were not really guidelines at all and were mandatory. The purpose was uniformity, but the problem was, among other things, inflexibility. In 2005, the United States Supreme Court held that mandatory guidelines violate the 6th Amendment, and now they are simply advisory. Nevertheless, a potential reason why judges follow them so often is that most of them were appointed since 1987 and have known nothing else. Secondly, judges might fear reversal. Finally, they might fear that if they depart from the guidelines, Congress might cabin their discretion even more than before. In light of all of this, it will be interesting to see whether the judge departs from the suggested minimum at the request of Wilkerson’s defense lawyers.

Sources: The Boston Globe, Judge to set Wilkerson's sentencing date; The Boston Globe, Wilkerson admits she took $23,500

Continue reading "Judge to Set Wilkerson's Sentencing Date This Week" »

As the Chuck Turner trial churns on, other white collar crimes are being investigated in the Commonwealth of Mass. The potential defendants include folks from all backgrounds...even the mentally impaired.

Let’s turn to the town of Lowell. On Tuesday, staff at a local bank suddenly became suspicious when they came upon a rather unusual bill.

What was strange was the amount of the bill. It was a $10,000 bill.

Unless the bearer of the bill (hereinafter, the “Bearer”) had been saving the bill for a very long time, it was clear that the bill was false. You see, it would appear that such bills were released in a very limited amount back in the 1930’s.

The bills are no longer in circulation.

Continue reading "Massachusetts Federal Officers Investigate The White Collar Crime Of Counterfeiting" »

The federal white collar trial for City Councilor Chuck Turner is set to begin today. Already, the human drama and strategic dances have begun and nary a juror has been selected (or rejected) yet.

And, actually, that’s the way it should be.

The trend is for courts to try to avoid any last minute surprises during the trial. The issue presenting itself here is regarding one of the main witnesses against Mr. Turner.

As you may recall, charges were brought against Turner and, in a related matter, Diane Wilkerson for corruption. For his part, Turner is accused with accepting a bribe. In fact, the United States Attorney claims that there is video showing Turner accepting the bribe from Ron Wilburn, a businessman (hereinafter, the “Witness”) trying to get a liquor license. During the investigation, the F.B.I. claims that Turner lied to them about the events.

The Witness is now apparently claiming his Fifth Amendment privilege against self-incrimination, trying to refuse to testify. This, of course, means that he has broken any agreement he might have had with the prosecution and may be looking at imprisonment himself.

No word from Ms. Wilkerson who has already pleaded guilty, but who’s sentencing is still pending.

Continue reading "MA Corruption Trial Set To Start In Federal Court – Witness Testimony Already An Issue" »

Karen M. Tucker, a woman accused of running a bridal show scam in Boston, has agreed to plead guilty to federal wire fraud and identity theft charges. Tucker is accused of running a company called Boston 411 in an attempt to defraud exhibitors and commercial advertisers. As part of her plea bargain, prosecutors will ask a federal court judge to sentence her to 36 to 57 months in prison.

Tucker is accused of telling exhibitors and advertisers that thousands of would-be grooms and brides and paid in advance to attend a bridal expo at the Hynes Veterans Memorial Convention Center. The event was supposed to take place in March 2010. According to the United States Attorney’s Office District of Massachusetts, Tucker deceived the agency that books events at the Boston convention center into thinking that Boston 411 was actually holding a bridal convention there. Tucker reportedly never completed the reservation she’d made at the center, and instead, “strung along” the booking agency, which in turn continued to assure exhibitors that the event was scheduled to happen. Prosecutors contend that the Boston fraud was part of a larger scam involving similar schemes in other US cities.

Some 100 to 200 wedding industry vendors paid Tucker $350 to $4,000 to run booths at the show. Exhibitors also gave her fees, which she used to cover personal expenses.

Tucker was charged with identity theft because she allegedly stole someone’s credit card number and used that person's name to pay for a Boston 411 Web site. She is accused of using another person’s name to register a Paypal account.

The plea agreement will be presented in federal court in Boston in the next couple of weeks. If Tucker had been convicted by a jury, she could have faced up to 22 years in prison, 3 years of supervised release, a minimum $250,000 fine, forfeiture of assets, and restitution.

Pittsburgh Woman in Bridal Convention Scam Agrees to Plead Guilty, Justice.gov, September 28, 2010

Woman behind bridal scam to plead guilty to wire fraud, ID theft, Boston.com, September 29, 2010

Related Web Resources:
Identity Theft and Identity Fraud, US Department of Justice

Fraud by wire, radio, or television, Cornell University Law School

Continue reading "Woman to Plead Guilty to Federal Wire Fraud and Identity Theft Over Boston Bridal Show Scam" »

Martin Raffol, who recently resigned as executive vice president of WinnCompanies’s residential arm, has pleaded guilty to witness tampering, underwriting illegal campaign contributions to local, state and federal candidates, and concealing information from the Federal Election Commission. He entered his pleas in U.S. District Court in Boston on Tuesday.

Raffol has admitted that from 2003 to 2009, he solicited campaign funds for politicians who could help WinnCompanies with its projects. In US District Court, he confessed that vendors who gave him contributions were reimbursed through the padding of contractors’ bills. This allowed him to keep the Federal Election Commission from finding out that WinnCompanies was the actual source of the money.

The candidates that received the $12,000 in illegal campaign contributions that Raffol funneled are Representatives Stephen F. Lynch of South Boston, Barney Frank of Newton, William D. Delahunt of Quincy, and Michael E. Capuano of Somerville. Raffol also has admitted to directing over $30,000 in illegal campaign contributions to Governor Deval Patrick, state Senator Dianne Wilkerson, and Mayor Thomas M. Menino.

Raffol’s criminal defense lawyer has said that Raffol was pressured by WinnCompanies top brass to raise money for sympathetic politicians and was afraid to lose his job if he didn’t comply. The charges filed against Raffol are only related to the contributions that went to federal officeholders.

A conviction for witness tampering comes with a maximum 20-year prison sentence. The concealment conviction comes with a 5-year maximum sentence. As part of his plea deal, however, Raffol is expected to receive a considerably reduced prison sentence.

Boston realty exec pleads guilty in campaign cash scam, Boston Herald, September 19, 2010

Former executive pleads guilty to illegally moving campaign contributions, Boston.com, September 14, 2010

Related Web Resources:
Tampering with a Witness, Lectlaw

Federal Election Commission

Continue reading "Ex-WinnCompanies EVP Pleads Guilty to Illegal Funneling of Campaign Contributions and Witness Tampering " »

In true “If something is wrong, somebody must be to blame and it must be a crime” fashion, the MA town of Arlington’s selectmen have voted to notify the Middlesex District Attorney’s office of a $1.5 million deficit in the school department’s budget for fiscal year 2010.

The board voted unanimously to notify the prosecutor’s office of the deficit, which school officials announced in mid August, more than a month after the conclusion of fiscal 2010.

That's right, unanimous.

Well, would you want to be the lone person against reporting the potential white collar crime to the Commonwealth? Do you think “What do you have to hide?”type of questions might haunt you if you did?

Target anyone?

Well, several town officials have criticized Superintendent Kathleen Bodie for failing to reveal the extent of the deficit sooner, and Selectmen Chairwoman Diane Mahon told School Committee members Monday that they need to take “swift and decisive action” concerning the deficit.

Bodie has said the deficit was caused by several factors, including rising special education costs and a reduction in grant funding. She also said the total amount of the deficit was not known until August and was then revealed to the School Committee.

Hmmm...!

Continue reading "MA Town Officials Seek White Collar Criminal Investigation From Prosecutor " »

Often, when I am telling you about a crime taking place in Boston’s Dorchester area, it is a story about assault or guns or drugs…or maybe all three. Not today. Today, it is a tale of conspiring to defraud the federal government.

Amadiegwu O., 63, who lived in Randolph (hereinafter, the Defendant”) is a pharmacist who ran a drug store in the area.

The Defendant became the target of a joint investigation by the Department of Health and Human Services, the Food and Drug Administration, the Drug Enforcement Administration; the Attorney General's office, the state auditor and Boston Police.

Yesterday, he pleaded guilty in Federal District Court. In doing so, he admitted that he defrauded federal health plans out of nearly $353,000. This would be the money he collected for prescriptions he never provided to patients, according to federal officials.

According to a statement issued by United States Attorney Carmen M. Ortiz' office today, the Defendant admitted that the conspiracy worked as follows:

Continue reading "Boston Pharmacist Pleads Guilty In Federal White Collar Fraud Case" »

It would appear that Boston-Based Attorney General Martha Coakley’s office is on the trail of what it believes to be an upcoming white collar criminal prosecution. The target is Representative Brian P. Wallace of South Boston (hereinafter, the “Target”). It has been alleged that he violated fund-raising laws.

A spokesman for Attorney General Coakley confirmed that her office is investigating the Target , a Democrat, based on a recent finding from the Office of Campaign and Political Finance

A May 14 letter from the campaign finance office cites evidence of several misdemeanor campaign violations by the Target, his wife and others involved with his campaign.

One would expect that any prosecution will use the Target’s retirement as evidence of “Consciousness of guilt”. You see, he acknowledged knowledge that campaign finance officials were investigating him when he announced his retirement in March. However, he explained at the time that, “…[t]here is nothing nefarious there. This certainly played no part in my decision.’’

He said he was retiring because he wanted to spend more time with his family and on his writing.

Well, let’s hope for the Target’s sake that he has unquestionably become “Captain Familyman” and, by the time of trial, is the picture of the prolific writer.

Continue reading "Boston-Based Attorney General Investigates Reported Political White Collar Crime" »

Leave it to the good folks of Salem, MA, to find an original, if macabre, way out of a legal problem! Unfortunately, such bright ideas , when tried in the criminal justice system in lieu of just getting a good attorney, do not tend to meet with ultimate success.

Let’s take the case of Michael R., 42, (hereinafter, the “Defendant”). He was originally simply wanted on charges for the white collar crimes of forgery and counterfeiting . Now, he stands also accused of faking his own death to get out of his pending criminal woes.

According to law enforcement, his approach to Lady Justice included going to Salem District Court with what he represented to be a death certificate in his own name. Representing himself to be his brother ( hereinafter, "Brother"), the Defendant said that he ( the Defendant) had actually died the week before. A clerk put the certificate in the Defendant's file, and the pending case against him was dismissed.

Unfortunately for the Defendant, he had also been on probation for other offenses, including drunk driving. When the probation officer learned of the dismissal and untimely death, he became somewhat intrigued given that he had just spoken with the Defendant alittle earlier and he seemed fine, not to mention alive.

Continue reading "Salem MA Genius Adds Probation Violation And Fraud To Previous OUI And White Collar Criminal Woes" »