UNDERCOVER OPERATION NETS OWNER AND BOOKKEEPER OF MAJOR COMMERCIAL FISHING BUSINESS FOR VIOLATING REGULATIONS

UNDERCOVER OPERATION NETS OWNER AND BOOKKEEPER OF MAJOR COMMERCIAL

FISHING BUSINESS FOR VIOLATING REGULATIONS

BOSTON – The owner of one of the largest commercial fishing businesses in the northeastern United States and his bookkeeper were arrested today on charges of conspiracy and submitting falsified records to the federal government to evade federal fishing quotas.  The charges arose out of an undercover investigation in which federal agents posed as organized crime figures interested in buying the fishing business.

Carlos A. Rafael, 64, and Debra Messier, 60, both of Dartmouth, were charged in a criminal complaint with submitting falsified records to the federal government and conspiracy.  They are scheduled to appear in U.S. District Court in Boston at 3:30 p.m. today.

According to court documents, Rafael owns Carlos Seafood, Inc., in New Bedford, which is one of the largest commercial fishing businesses in the northeastern United States.  The complaint alleges that for years, Rafael, with help from his bookkeeper, Messier, lied to federal authorities about the quantity and species of fish his boats caught, in order to evade federal quotas designed to guarantee the sustainability of certain fish species.  After submitting false records to federal regulators to conceal the violation of quotas, Rafael sold the fish to a business in New York City in exchange for bags of cash. 

        According to court documents, beginning in June 2015, two undercover federal agents posing as organized crime figures had several meetings with Rafael to negotiate the purchase of his business.  During those meetings, Rafael allegedly told the agents how he operated his business off-the-books by selling fish for cash.  This culminated in a meeting at Rafael’s office in New Bedford in January 2016, during which Rafael and Messier allegedly explained, step by step, what they called “the dance”:  the process by which Rafael and others coordinated with Rafael’s boat captains to falsify federal forms intended to track what was caught as well as forms designed to monitor the fish species purchased by Carlos Seafood.  Rafael also allegedly told the undercover agents that, in his most recent dealings with the New York City buyer, he earned $668,000 in less than six months.  Rafael allegedly smuggled some of the cash through Logan International Airport to Portugal.

The charge of submitting falsified records to the federal government provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000 fine.  The charge of conspiracy provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000.  Actual sentences for federal crimes are typically less than the maximum penalties.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Carmen M. Ortiz; Manny J. Muriel, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Rear Admiral Linda L. Fagan, Commander of the First Coast Guard District; Timothy Donovan, Acting Assistant Director of the National Oceanic and Atmospheric Administration, Office of Law Enforcement; Gregory K. Null, Special Agent in Charge of the Department of Homeland Security, Office of Inspector General, Philadelphia Field Office; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today.  The case is being prosecuted by Andrew E. Lelling, of Ortiz’s Economic Crimes Unit, and David G. Tobin, of Ortiz’s Major Crimes Unit. 

AG HEALEY SUES UNLICENSED FOR-PROFIT SCHOOL FOR DECEIVING STUDENTS SEEKING NURSING CAREERS

AG HEALEY SUES UNLICENSED FOR-PROFIT SCHOOL FOR DECEIVING STUDENTS SEEKING NURSING CAREERS

AG Healey Alleges Hosanna College of Health Targeted Haitian Community and Charged Thousands of Dollars For Programs that Failed to Lead to Nursing Jobs

BOSTON – Attorney General Maura Healey has sued a for-profit school operating in the Boston area over allegations that it operated without a license and misrepresented its training programs, leaving dozens of students in Massachusetts without promised careers in nursing.  

The complaint, filed today in Suffolk Superior Court, alleges that since 2013, Hosanna College of Health and its two founding executives, Jackson Augustin and Michelle Desarmes, actively recruited students from the Boston area’s Haitian community to take nursing classes in Massachusetts. They also falsely promised that the education would allow them to easily pass the mandatory national board exam in nursing, become licensed nurses in Massachusetts, and obtain full-time, well-paid nursing jobs. 

“These students invested their hopes and dreams in this program, but instead paid thousands of dollars for an ineffective, low-quality education that failed to provide a path to a nursing career,” AG Healey said. “We allege that this school aggressively recruited and misled students from the Haitian community in order to generate a profit. Our office will continue to investigate and act against predatory schools that take advantage of students in Massachusetts.”

Hosanna is not licensed to offer classes or grant degrees in Massachusetts. According to the complaint, classes were held in temporary spaces in Brockton and Randolph, and were taught by Hosanna employees, including Augustin and Desarmes, who flew into Massachusetts periodically to recruit students and to oversee classes. The school’s headquarters currently operates out of a rented building in South Florida.

Students, many of whom paid more than $10,000 for their education, were also promised a hands-on clinical component to their studies. Rather than seek state approval and locate clinical opportunities in Massachusetts, the AG’s Office alleges that Hosanna required students to pay additional money to travel to Florida multiple times during the nursing program for clinical training. Its clinical courses were of inferior quality, some as simple as requiring that students watch a video on labor and childbirth. 

Despite the school’s claims about the value of its education, the complaint alleges that, as of October 2015, less than 3 percent of Hosanna graduates had passed the national board exam in nursing. A passing grade is required in order for students to obtain a nursing license in Massachusetts. Students also reported that classes were often canceled and that they often did not receive test grades, which left them with no sense of their academic progress.

The AG’s Office is seeking restitution for students, including the return of tuition and fees, plus any money students paid to cover travel expenses to Florida for clinical training. The AG’s Office is also seeking civil penalties and injunctive relief for the school’s unfair and deceptive conduct. 

           

            The case against Hosanna is the most recent in a series of actions that Attorney General Healey has taken against predatory for-profit schools. The AG’s Office is currently in litigation with for-profit schools Corinthian Colleges and American Career Institute for alleged unfair and deceptive practices. The AG’s Office reached settlements worth more than $6 million with four additional for-profit schools in Massachusetts – Kaplan Career Institute, Lincoln Tech, Sullivan & Cogliano and Salter College. In November, AG Healey announced action againststudent debt relief companies and the launch of a Student Loan Assistance Unit to assist borrowers who are having trouble paying their student loans.

Students looking for more information or assistance should visit the AG’s Student Lending Assistance page or call the Student Loan Assistance Unit Hotline at 1-888-830-6277.

Today’s matter is being handled by Assistant Attorneys General Tiffany Bartz and Claire Masinton, along withLegal Analyst David Lim and Paralegal Katherine Hurley, all of the Attorney General’s Insurance & Financial Services Division, with assistance from Investigator Anthony Crespi of the Civil Investigations Division.

BOSTON MAN INDICTED IN CONNECTION WITH ARMED BANK ROBBERIES IN MALDEN, MILTON

BOSTON MAN INDICTED IN CONNECTION WITH ARMED BANK ROBBERIES IN MALDEN, MILTON

BOSTON – A Boston man has been indicted in connection with the armed robbery of two banks in Malden and Milton, Attorney General Maura Healey announced today.

Robert Williams, age 31, of Boston, was indicted by a Statewide Grand Jury on Thursday on the charges of Masked Armed Robbery (two counts) in connection with robbing a Citizens Bank in Milton and one in Malden. He was arraigned in Malden District Court on Jan. 12 and held on $50,000 bail for the Malden robbery.

He will be arraigned in both Norfolk Superior Court and Middlesex Superior Court on the robberies at later dates.

Authorities allege that Williams robbed a Citizens Bank in Milton of $4,350 on Dec. 3, 2015.  On Dec. 18, 2015, he allegedly robbed a Citizens Bank in Malden of $400. An investigation revealed that in both cases Williams allegedly passed a note to a teller demanding cash and claiming that he had a gun.

This case is being prosecuted by Assistant Attorneys General Marina Moriarty and Tom Caldwell of AG Healey’s Enterprise, Major and Cyber Crimes Division with assistance from Victim Witness Advocate Amber Anderson and the Federal Bureau of Investigations Violent Crime Task Force and the Milton and Malden Police Departments.

THE AMERICAN RECOVERY AND REINVESTMENT ACT

FACT SHEET: THE AMERICAN RECOVERY AND REINVESTMENT ACT

Driving the Deployment of Clean Energy, Promoting Energy Efficiency, and Supporting Manufacturing in Massachusetts

Through the American Recovery and Reinvestment Act (Recovery Act), President Obama made the largest single investment in clean energy in history, providing more than $90 billion in strategic clean energy investments and tax incentives to promote job creation and the deployment of low-carbon technologies, and leveraging approximately $150 billion in private and other non-federal capital for clean energy investments.In a new report released today, CEA estimates that the Recovery Act clean energy-related programs supported roughly 900,000 job-years in innovative clean energy fields from 2009 to 2015.

The funding reached nearly every aspect of the value chain for numerous key clean energy technologies, including advanced vehicles, batteries, carbon capture and sequestration, and technologies to enhance energy efficiency. These investments were a down payment toward an innovative sustainable 21^st century clean economy and helped the country take a large step forward to reducing fossil fuel consumption and reducing carbon pollution across the country. In fact, the Department of Energy provided $718 million to the State of Massachusetts to promote clean energy and energy efficiency. 

Since 2008, the United States has more than doubled its use of renewable energy from wind, solar, and geothermal sources, including tripling wind energy generation and increasing solar generation by more than thirty times.  In Massachusetts, renewable energy generation from these sources has increased by 46 percent since 2008.  The Recovery Act’s 1603 program, which provides businesses a 30 percent tax credit to purchase clean energy technologies, has supported tens of thousands of renewable energy projects throughout the country, including 3,730 in Massachusetts, generating enough energy to power over 76,000 homes.

Using less energy to power our homes and businesses is critical to building a clean and secure energy future.  President Obama has made essential investments in research and development to advance energy efficiency, and set new standards to make the things we use every day more efficient.  Since October 2009, the Department of Energy and the Department of Housing and Urban Development have jointly completed energy upgrades for more than 1.5 million homes across the country, most of which were financed through the Recovery Act. One of these Recovery Act funded programs is DOE's Weatherization Assistance Program through which 21,125 homes were weatherized in Massachusetts. On average, these improvements are saving many families more than $400 a year on their heating and cooling bills. New Bedford created a permanent, post-Recovery, City Energy Office financed through energy savings. New Bedford Energy Now is a comprehensive energy program that enables residents and small businesses to reduce their energy consumption and costs. New Bedford developed a strategy to produce 25% of municipally consumed electricity from solar energy. New Bedford will have more than 16.25 megawatts of installed solar capacity -- capable of producing an estimated 20.7 million kilowatt hours of energy a year by end of 2014. The city’s solar arrays will supply approximately 52 percent of its municipally consumed electricity, saving New Bedford nearly $700,000 a year in electricity costs.

FOUR MEN PLEAD GUILTY TO MULTI-STATE FRAUD SCHEME TO OBTAIN MORE THAN $330,000 IN NEW CELL PHONES

FOUR MEN PLEAD GUILTY TO MULTI-STATE FRAUD SCHEME

TO OBTAIN MORE THAN $330,000 IN NEW CELL PHONES

BOSTON – Four men pleaded guilty today in U.S. District Court in Boston in connection with a fraudulent scheme to obtain and re-sell more than $330,000 in new cell phones. 

       

Jimmy Phan, 29 of Boston; David Hul, 34 of North Arlington, NJ; Curtis Peebles, 26 of Boston and New York, NY; and Lee Tran, 29 of Waltham, pleaded guilty to wire fraud conspiracy.  U.S. District Court Senior Judge Mark L. Wolf scheduled sentencing for May 23, 2016.

At today’s hearing, the defendants admitted that they and their co-conspirators gained access to T-Mobile customer records, including customer names, phone numbers, and information regarding those customers’ eligibility for free phone upgrades.

From at least January 2014 through October 17, 2014, Phan, Hul, Peebles, and other co-conspirators called T-Mobile customer service centers and, impersonating T-Mobile employees, used dealer codes that enabled them to add any name as an authorized user on T-Mobile accounts.  They then recruited “runners”, including Tran and others, to go into T-Mobile stores and impersonate the customers.  Phan, Hul, and Peebles used the dealer codes, among other methods, to cause either the runners’ real names or false identities to be added the customer accounts, sometimes using false names that closely matched the runners’ real names to reduce the likelihood of T-Mobile detecting the fraud.

Runners then went to T-Mobile stores in Massachusetts, Nevada, New Hampshire, New York, Pennsylvania, Rhode Island, New Jersey, Florida, and elsewhere, presented identification in the real or assumed names, and acquired one or more new cell phones on accounts that were eligible for upgrades.  Runners then returned the new phones to Phan, Hul, Peebles, and others, who paid them a portion of the phone’s value.  Although T-Mobile regularly alerted its customers to changes to their accounts, the affected customers frequently did not learn of the fraudulent modifications in time to prevent the distribution of the phones.

       

Phan, Hul, and others re-sold the cell phones to other co-conspirators for distribution in the United States and abroad.  In total, Phan, Hul, Peebles, Tran, and other co-conspirators obtained at least $330,000 worth of new cell phones by defrauding T-Mobile.

       

The charging statute provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000.  Phan, Hul, Peebles and Tran agreed to pay restitution and to forfeit proceeds from the offense and various items seized from Phan’s house in connection with his arrest.  Actual sentences for federal crimes are typically less than the maximum penalties.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Co-defendants Kevin Johnson, 24, of New York, NY, and Khoa Doan, 32 of Manchester, NH, are currently slated to stand trial.

United States Attorney Carmen M. Ortiz; Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston; and Lisa Quinn, Special Agent in Charge of the U.S. Secret Service’s Boston Field Office, made the announcement today.  The U.S. Attorney’s Office acknowledges T-Mobile for its assistance with the investigation.  The case is being prosecuted by Assistant U.S. Attorney Seth B. Kosto of Ortiz’s Cybercrime Unit.

Reception 3/7 in support of Lydia Edwards, Candidate for MA State Senate.

By Leverett Wing

Wanted to invite you to a Reception in support of Lydia Edwards, Candidate for MA State Senate.

Event details are below & attached:

When: Monday, March 7th (5:45pm-7:00pm)

Where: Shojo - 9 Tyler Street (1st floor), Boston

RSVP: https://secure.actblue.com/contribute/page/michellewuforlydia

Hosts: Michelle Wu (Boston City Council President); Betsy Pattullo (health care executive/entrepreneur); Leverett Wing (...me)

Note:  For those who cannot attend our reception on March 7th, Former U.S. Senator Mo Cowan will be hosting a fundraiser for Lydia onFriday, March 11th @ Mintz Levin at 8:30am.  Here is the link for that event:

https://secure.actblue.com/contribute/page/ml03.11.16

Michelle, Betsy and I are hosting this event to support Lydia - a candidate in the upcoming Special Election (April 12th) to replace MA State Senator Anthony Petruccelli, in the First Suffolk & Middlesex District.  The seat represents Chinatown, portions of Cambridge, the Back Bay, Beacon Hill, East Boston, the North End, Winthrop and Revere.

Lydia is an accomplished attorney, and an incredibly smart, dynamic, woman-of-color, with some very impressive accomplishments & credentials - including Honorable Mention for the Boston Globe's "Bostonian of the Year".   

Here are a couple of recent articles about Lydia from the Globe: 

* Five Things You Should Know About Lydia Edwards:

https://www.bostonglobe.com/business/2015/11/06/five-things-you-should-know-about-lydia-edwards/rpyIbLKOL2zf9BluHkp63M/story.html

* Lydia Edwards: The Lawyer With the Heart of an Activist:https://www.bostonglobe.com/magazine/2015/12/19/lydia-edwards-the-lawyer-with-heart-activist/eGJ7zX1B4kmTz3FJQE9TfN/story.html

* You can also check out Lydia's website: http://www.lydiaforsenate.com/

* Or follow her on Facebook: https://www.facebook.com/lydiaforsenate/

We hope you can join us on March 7th @ Shojo...  Thanks!

佛蒙特州副州長代表州政府悼慰臺南震災

波士頓經文處處長賴銘琪（左）拜會佛蒙特州副州長史考特。

美國新英格蘭地區佛蒙特州副州長史考特（Phil Scott）2月23日代表該州政府，為本月6日發生在臺灣南部的強烈地震所造成之嚴重傷亡，向前往拜會的駐波士頓臺北經濟文化辦事處處長賴銘琪表示哀悼與慰問。此外，該州眾議會議長史密斯（Shap Smith）及參議會代議長肯柏(John Campbell)等政要也同表悼慰。

賴銘琪於23日及24日偕朱永昌組長赴佛蒙特州首府蒙特彼利爾（Montpelier）訪問時，向他們說明該震災共計造成117人死亡、數百人受傷及其他財產損失；並對此次地震發生後，美國政府及各界捐款賑災及積極提供協助，表達我政府及人民由衷的感謝。

賴銘琪此行旨在強化雙方友好關係，並應邀至眾議會商業暨經濟發展委員會演講，向他們簡介臺灣近期的政經發展。賴銘琪向佛蒙特州政要表示，臺灣於元月完成總統及立委選舉，民進黨主席蔡英文當選，為我國第一位女性總統，也是亞洲國家第一位無政治家世而當選國家領導人之女性，再次印證民主制度確可在華人社會施行。

佛蒙特州為臺灣的姐妹州，雙方關係十分友好，該州眾議會23日並再度通過重申與中華民國友好關係及支持臺灣參與國際組織之決議案。臺灣則是佛蒙特州第九大出口市場，雙邊經貿關係穩定成長。此外，臺灣也與佛蒙特州發展教育合作交流，鼓勵雙方中、高等教育機構師生交流與互訪。

賴銘琪此行除拜會佛蒙特州副州長、眾議長及參議會代議長外，也拜會佛蒙特州民主黨主席Dottie Deans、執行長Conor Casey、刻正爭取民主黨總統候選人資格之聯邦參議員桑德斯（Bernard Sanders）的選區代表Katarina Lisaius、Kathryn Van Haste及多位當地政要。