Articles Posted in Federal Crimes

Hey, anybody out there remember Boston’s own Eliezer Gonzalez?

Mr. Gonzalez, formerly a Boston police officer and hereinafter the “Defendant” has brought to a close his federal criminal case. His case involved white collar crime.

The Defendant was accused of faking injuries and fraudulently collecting injury leave pay. According to federal prosecutors, the defendant had collected about $173,000 in injury leave pay and had filed for accidental disability retirement after supposedly suffering on-the-job injuries in 2007.

Unfortunately for the Defendant, he was seen going to the L Street Bathhouse, salsa dancing, and traveling abroad without difficulty during said leave.

And so it was that the Defendant found him charged with fraud. Yesterday, he received a year and three months in federal prison after pleading guilty to 34 counts of mail fraud.

Attorney Sam’s Take On Massachusetts White Collar Crime And Mail Fraud

White collar crimes are crimes which involve unlawful, nonviolent conduct committed by business and government professionals. These crimes involve fraud, theft or other violations of trust committed in the course of one’s employment. These crimes can also be brought on behalf of various agencies in which subscribers or others in a contractual relationship commit such fraudulent acts.
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Rumor has it that the South Hadley bullying case which began with the roar of a despearate political prosecutor is going out with a wimper from her replacement who was left to clean up her messes.

You may recasll that the late Phoebe Prince was the tragic figure about whom the public was in an outcry. Ms. Prince committed suicide and it was determined that the reason was that several of her classmates were bullying her both in person and through the internet. Like a not-quite- as- sympathetic Ponchus Pilot, the area’s most senior law enforcement official, the District Attorney, abandoned her oath to “do justice” and, instead, catered to political opportunity. She took the unusual step of indicting a bunch of kids who were allegedly Ms. Prince’s bullies. This was done, of course, before the full investigation into Ms. Prince was conducted. Said inveastgation revealed a very troubled young lady who had attempted suicide long before she even got to South Hadley.

Of course, to give the indictments the proper stench, she included in the group boys with whom Ms. Prince is alleged to have had sex. They were now charged with MA statutory rape and grouped in with the bullies.

Thankfully for the cause of Justice, the political strategy backfired and that District Attorney found herself out of her job.

Now, while the defendants will still have MA felony charges on their criminal records as they attempt to continue in school or find jobs, the Commonwealth is said to be offering plea bargains which will allow five out of six of the defendants to plead guilty to misdemeanor charges and having the more serious charges dropped. It is believed that the defendants will be allowed to plead guilty to Massachusetts criminal harasssment.

Previously the defendants faced a variety of charges, including including civil rights violations causing bodily injury, criminal harassment, stalking and disruption of a school assembly.

Even the stutory rape charge will apparently be dropped against one defendant.
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These days, it seems that crimes are prosecuted based upon two things. The first, of course, is the criminal activity itself. Sometimes, however, the motivation behind the crime is an Aggravating factor that is almost a crime unto itself. Take, for example, the tale of Michael Jacques (hereinafter, the “Defendant”) The Defendant is being prosecuted for a Springfield Arson.

However, as the prosecutor announced at the beginning of the trial, “We are here today because of racism”. Indeed, the Defendant is not simply being prosecuted for arson, but also for the crime being a Massachusetts hate crime.

The trial, which has begun in federal court in Springfield, began this week. The Defendant, a known racist according to the prosecution, is accused of showing his disdain for the African-American community by torching a predominantly black church to protest the election of Barack Obama in November 2008 as the country’s first black president.

According to the prosecution, the Defendant confessed that he and two other men “burned the church because it was a black church.”
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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.
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Gerard Sasso, 52, of Medford, (hereinafter, the “Defendant”) has made Massachusetts history. In fact, he is not only a “first” in the Commonwealth, but is a “second” in the country! Unfortunately, he will be “celebrating” in a federal prison.

Yesterday, the Defendant became the first person in the state — and the second in the nation — to be convicted for lasering an aircraft. He was convicted of charges of willfully interfering with an aircraft operator with reckless disregard for human life, and of making false statements, the US attorney’s office said in a statement.

The Defendant received the award of three years in prison for shining a laser at a State Police helicopter that was escorting a tanker through Boston Harbor, federal prosecutors said.

Apparently, the Defendant shined a powerful green laser on the helicopter on December 8, 2007. Prosecutors said the pilots were able to determine the light was likely coming from his apartment. When the police went to his apartment to investigate, he initially denied having the lasers but later confessed, prosecutors said. The green laser was recovered, along with 10 other lasers, from the apartment.

“This sentence should send a strong message that interfering with an aircraft in any way will result in aggressive prosecution and stiff sentences. Such actions endanger lives and disrupt air travel, and will not be tolerated,” quota the government.
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Today, as we “hunker down” and “enjoy” the last blizzard of the year, we continue the discussion about recent Massachusetts sentences that were recently handed down to fairly unusual criminal defendants during this holiday season. Today’s matter involves a meeting of sexual assault and prostitution.

James M. Burke, 43, of Chelsea (hereinafter, the “Defendant”) was a criminal court clerk magistrate in Chelsea District Court. Apparently, he had an interesting thing going with a couple of criminal defendants in court. These particular defendants had been arrested for prostitution.

According to one of the complainants, the Defendant removed her from her cell in the courthouse in 2005. He then led her to a room, locked the door, and promised to get her case dismissed in exchange for oral sex. After she fulfilled her part of the deal, the case was not dismissed.

The second victim testified that the Defendant stalked her after her arrest on a prostitution charge, then sexually assaulted her when she was at the courthouse last year. She claimed during the trial in federal court that she was forced into a downstairs room, where he sat on her during the assault and threatened to keep her in jail if she did not comply with him.

“I absolutely did not consent to this action,” she told the judge . “The brutality of it was shocking to me. Even though I had worked on the streets on occasion, nothing compared to the humiliation and powerlessness that I felt.”
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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..
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The Commonwealth of Massachusetts has now changed its mind regarding the role of state authorities in the criminal investigation of illegal aliens. For the past few years, various states have used various tactics in the tracing of illegal aliens. They claim that the discovery of said aliens helps stem the tide of various crimes, including robbery, murder and drug trafficking. Thus, the logic goes, keeping said aliens out of the country is a valid law enforcement goal in the fight to keep us all safe.’

Until now, however, Massachusetts state officials have refused to join the cause. This has now changed. The Commonwealth will now join the federal program that screens all people who are arrested and fingerprinted to determine whether they are in the country legally. Those who are illegal will then be reported to US Immigration and Customs Enforcement (“ICE”), which will decide whether to detain and deport them.

This step is a change for Boston’s Patrick administration, which had adamantly opposed having the State Police help enforce immigration law. In fact, one of his first acts as governor was to overturn former governor Mitt Romney’s pact with the federal government to deputize some state troopers to enforce immigration law.

The reason for the change? Well, “Over the last year we have received conflicting information from ICE relative to the program. It has become clear now that this program is going to be mandatory for all communities in the near future,” Public Safety Secretary Mary Beth Heffernan has explained. “With that knowledge we will sign the (memorandum of understanding) with ICE. We will also work closely with all communities to monitor the implementation and share with federal officials any concerns that are raised.”

Uhm….doesn’t that sort of sound like legalspeak for “It looked like we were going to have to do it anyway, so we figured we would do it before the proverbial political gun was actually pointed between our eyes so we could claim we did it willingly”?
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Eighteen individuals have been arrested on cocaine trafficking charges after a drug bust in Dorchester. Federal prosecutors identified Michael T. Williams as the alleged kingpin in papers filed with the U.S. District Court today. They allege that he has been buying kilos of powder cocaine and turning it into crack in a family-based drug ring that has been operating since the 1990s. They have moved to seize four homes in the Dorchester neighborhood, including three adjacent multi-family houses on Greenwood Street, which prosecutors allege to be at the heart of the operation. In addition to the Greenwood multi-families, they have moved to seize a house at 8 Peacevale Road, which they allege was used by one of Williams’ associates.

Federal, state and local police targeted Williams in July 2009 when an unidentified person came to Boston’s DEA office with information. A press conference will be held today at the office of U.S. Attorney Carmen Ortiz.

This is the second major cocaine bust this week. On Monday night, 200 pounds of cocaine were seized and two men were arrested after federal, state and local police allegedly watched them unload cocaine in Revere.

These individuals will all need the help of criminal defense attorneys, and our experienced lawyers at Altman & Altman can provide the aggressive defense that cocaine trafficking charges require. Trafficking is the most serious of all drug crimes, and a federal cocaine trafficking charge carries a 5-year mandatory minimum and up to 40 years for a first offense. These investigations tend to be far-reaching, and even more individuals than the 18 who have been arrested may be under investigation. If you have been arrested, charged, or suspect that you are under investigation for drug trafficking or any other crime, call a defense lawyer.

Source: The Boston Globe, Long-term ‘family-run’ drug ring busted in Dorchester, officials say
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Sometimes, criminal justice reality in the Boston area reveals itself, as if on cue, to demonstrate points made by this daily blog. Since Friday, I have been referring to the inequality between the resources of the prosecution and the defense. Another example has presented itself during the ongoing Chuck Turner federal trial for alleged white collar crimes.

As you know, Mr. Turner is on trial in a corruption matter which was related to that of Diane Wilkerson. Thankfully for the United States Attorney’s office, Ms. Wilkerson pleaded guilty. Mr. Turner, however, has insisted the prosecution prove him guilty beyond a reasonable doubt.

As I have pointed out in the past, the federal prosecutors rarely go to trial on a matter unless they have a strong chance of winning.

This one, however, may not go so well.

You see, their chief witness, Ronald Wilburn, has indicated that he now refuses to testify for the prosecution. Last week, there was a session in which he was questioned by the judge, but the results have not been revealed. When WBZ interviewed me last week, I explained that the potential loss of said witness would not necessarily derail the prosecution so long as they had someone else to authenticate the video tape of the alleged crime.
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