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Massachusetts False Imprisonment Law
 

COMMONWEALTH vs. TYRIEK BROWN

Massachusetts Supreme Judicial Court

The primary issue presented in this appeal is
whether the Commonwealth is required to prove a defendant knows
that a firearm in his or her possession is loaded in order to be
convicted of unlawful possession of a loaded firearm under G. L.

After police officers discovered a loaded firearm in the
rear console of a vehicle driven by the defendant, he was
charged ... More...
   $0 (05-22-2018 - MA)

United States of America v. Leonel Alexis Valerio Santana

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Dominican National Pleads Guilty to International E-Mail Impersonation and Fraud Scam

A Dominican national pleaded guilty yesterday in federal court in Boston in connection with a scam in which he and co-conspirators defrauded victims by pretending to be employees of the Securities and Exchange Commission (SEC).

Leonel Alexis Valerio Santana, 28, pleaded guilty to tw... More...
   $0 (05-11-2018 - MA)

United States of America v. Ryan S. Lin

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Massachusetts Man Pleads Guilty to 25 Offenses Associated with Cyberstalking Former Housemate and Others

A Newton, Massachusetts man, who was charged with conducting an extensive cyberstalking campaign against his former housemate, her family members, co-workers, friends, and others, pleaded guilty on May 9, 2018 in federal court in Boston to all charges in a 25-count Informa... More...
   $0 (05-10-2018 - MA)

UNITED STATES OF AMERICA v. JOSE LUIS LOPEZ-PASTRANA

United States Court of Appeals For the First Circuit

Lopez-Pastrana was charged in a four-count indictment
with two drug crimes and two weapons crimes. He entered into a
plea agreement in which he agreed to plead guilty to Count III,
possession with intent to distribute marijuana, and Count IV,
possession of a firearm in furtherance of a drug trafficking crime,
in exchange for dismissal of the remaining two counts. The ple... More...
   $0 (05-05-2018 - MA)

Peter Hiam v. Homeaway.com, Inc.

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap... More...
   $0 (04-21-2018 - MA)

United States of America v. Advanced Thermal Technologies, LLC (ATT), and James W. Connell, III

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Advanced Thermal Technologies and CEO Agree to Pay $100,000 for Failing to Account for Federal Research Funds

Advanced Thermal Technologies, LLC (ATT), and its President and Chief Operating Officer, James W. Connell, of Upton, Mass., agreed to pay $100,000 to resolve allegations that they failed to account for a portion of federal research grants they received and that they ... More...
   $100000 (03-22-2018 - MA)

United States of America v. Pedro Lopez-Cotto

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Appellant Pedro Jose Lopez-Cotto
("Lopez"), a police officer in the City of Lawrence, Massachusetts,
was indicted on charges of participating in a bribery scheme
whereby he referred large numbers of vehicle towing requests
to M & W Towing in exchange for a stream of benefits that included
discounts on the purchase of abandoned cars and equipment. After
a jury trial, Lopez w... More...
   $0 (02-27-2017 - MA)

United States of America v. Tien Chau

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Operator of Massachusetts Temp Agency Pleads Guilty to Employment Tax Fraud and Obstructing The IRS

A Massachusetts temporary employment agency operator pleaded guilty on February 15, 2018 in Boston federal district court to an indictment charging him with conspiring to defraud the government, failing to pay over employment taxes and obstructing the internal revenue laws.
... More...
   $0 (02-16-2018 - MA)

United States of America v. Greg Takesian

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Florida CPA Sentenced for Tax Fraud

A Florida man was sentenced February 8, 2018 in federal court in Boston for multiple counts of tax fraud and obstructing the Internal Revenue Service (IRS).

Greg Takesian, 54, of Miami, Fla., was sentenced by U.S. District Court Judge William G. Young to two years in prison and one year of supervised release, and he was ordered to... More...
   $0 (02-10-2018 - MA)

United States of America v. Joseph J. Kennedy

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Joseph Kennedy appeals his
conviction and sentence for being a felon in possession of
ammunition in violation of 18 U.S.C. § 922(g)(1). Challenging his
conviction, Kennedy argues that the district court erred in denying
his motion to suppress evidence obtained from a warrantless search
of the vehicle he was driving immediately before his arrest.
Challenging his sentence, he... More...
   $0 (01-24-2018 - MA)

United States of America v. Annette Garcia

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Former Registry of Motor Vehicles Clerk Sentenced For Role in Identity Theft Scheme

A former Massachusetts Registry of Motor Vehicles (RMV) clerk was sentenced on January 23, 2018 in federal court in Boston for her role in a scheme to produce false identification documents.

Annette Gracia, 37, of Boston, was sentenced to one year and one day in prison and two years o... More...
   $0 (01-24-2018 - MA)

United States of America v. David E. Gorski

District of Massachusetts Federal Courthouse - Boston, Massachusetts

A jury in the District of
Massachusetts convicted David Gorski of conspiring between late
2005 and 2010 to defraud the United States, in violation of 18
U.S.C. § 371, by knowingly procuring government contracts for his
construction company on the false premise that the company was
owned and controlled by military veterans who became disabled in
connection with their militar... More...
   $0 (01-22-2018 - MA)

UNITED STATES OF AMERICA v. DAVID E. GORSKI

The charges against Gorski pertain to his role as founder
and vice president of a general contracting and construction
services company, Legion Construction, Inc. Gorski developed the
plan for the company in late 2005. From 2006 to 2010, Legion took
advantage of federal programs in which certain federal agencies
awarded government contracts on a preferential basis to sma... More...
   $0 (01-19-2018 - MA)

COMMONWEALTH vs. SHAWN A. McGONAGLE

Massachusetts Supreme Judicial Court

Following a trial in the
District Court, a jury convicted the defendant, Shawn McGonagle,
of assault and battery, G. L. c. 265, § 13A. At the defendant's
sentencing hearing, the Commonwealth requested that the
defendant be sentenced to two and one-half years in a house of
correction, the maximum possible sentence under the statute, to
be served from and after his rel... More...
   $0 (01-18-2018 - MA)

Jered Sasen v. Richard V. Spencer

District of Massachusetts Federal Courthouse - Boston, Massachusetts

This case, which pits a retired
petty officer against the United States Navy, is awash with novel
legal questions concerning the application and operation of
Article 31 of the Uniform Code of Military Justice (UCMJ). These
questions center on Article 31(b), which requires that a sailor
suspected of an offense be warned both that he need not make any
statement regarding that... More...
   $0 (01-12-2018 - MA)

COMMONWEALTH vs. CRISOSTOMO LOPES et al

Jury reaches verdict in killing of 14-year-old Dorchester boy

We summarize the facts that the jury could
have found, reserving certain details for discussion of the
legal issues.
The victim was fourteen years old and lived on Norton
Street in the Dorchester section of Boston. On May 30, 2010,
1 At the time of oral argument, the codefendant had not yet filed his brief with this court... More...
   $0 (01-10-2018 - MA)

COMMONWEALTH vs. ADERITO BARBOSA

Massachusetts Supreme Judicial Court

The parties do not contest the judge's comprehensive findings of fact, which we summarize, supplemented where appropriate by the testimony from the motion hearing.1 See Commonwealth v. Jones-Pannell, 472 Mass. 429, 431 (2015). This case stems from an investigation into the crime of trafficking of persons for sexual servitude, G. L. c. 265, § 50 (human trafficking),2 which was prompted by an ill... More...   $0 (01-04-2018 - MA)

UNITED STATES OF AMERICA v. JAMES PATTERSON

Brockton man sentenced to 10 years for bank robbery spree

The following facts relevant to the issues on appeal are
not in dispute. In the spring and summer of 2014, five banks in
the Boston area were robbed. In each incident, witnesses reported
to law enforcement that the perpetrator covered his face, wore
dark sunglasses and plastic gloves, and made verbal demands for
cash. By the fifth robbery, local law enforcement agents a... More...
   $0 (12-30-2017 - MA)

UNITED STATES OF AMERICA v. MICHAEL DAVID SCOTT

Former Real Estate Developer Sentenced to Prison for Orchestrating Massive Mortgage Fraud

In February 2008, the government began investigating
Scott as a result of a civil case case against him in Massachusetts
state court involving a mortgage fraud scheme Scott operated in
and around Boston. Scott purchased multi-family homes, divided
them into condominium units, and then recruited straw buyers to
purchase the units at prices favorable to Scott. He attracte... More...
   $0 (12-30-2017 - MA)

United States of America v. United Theapeutics Corporation

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Drug Maker United Therapeutics Agrees to Pay $210 Million to Resolve False Claims Act Liability for Paying Kickbacks

Pharmaceutical company United Therapeutics Corporation (UT), based in Silver Spring, Maryland, has agreed to pay $210 million to resolve claims that it used a foundation as a conduit to pay the copays of Medicare patients taking UT’s pulmonary arterial hyperten... More...
   $210000000 (12-26-2017 - MA)

United States of America v. James Patterson

District of Massachusetts Federal Courthouse - Boston, Massachusetts

James Patterson appeals his
federal convictions, and resulting sentence, for five counts of
bank robbery in violation of 18 U.S.C. § 2113(a). He argues that
his convictions must be vacated because the District Court erred
in denying his motions for (1) a hearing pursuant to Franks v.
Delaware, 438 U.S. 154 (1978), regarding warrants that were issued
to install Global Positi... More...
   $0 (12-13-2017 - MA)

Melvi Ayde De La Cruz-Orellana; Alfredo Flores v. Jefferson B. Sessions, III

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Petitioners Melvi Ayde de la Cruz-
Orellana and Alfredo Flores are a wife and husband who seek review
of a decision denying their applications for voluntary departure
to Guatemala and Mexico, respectively. An Immigration Judge ("IJ")
denied petitioners' applications on discretionary grounds, and the
Board of Immigration Appeals ("BIA") affirmed the IJ's decision.
Petitioner... More...
   $0 (12-18-2017 - MA)

United States of America v. Michael David Scott

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Michael David Scott appeals
from his conviction and sentence for wire fraud, bank fraud, and
money laundering, associated with a mortgage fraud scheme
perpetrated in the Boston area. His principal argument is that
the government unfairly procured his guilty plea by misusing
information he provided during proffer sessions. He also
challenges his sentence. For the following r... More...
   $0 (12-08-2017 - MA)

COMMONWEALTH vs. MOHAMMED T. KHAN

The Massachusetts Supreme Judicial Court

In the light most favorable to the
Commonwealth, Commonwealth v. Latimore, 378 Mass. 671, 676-677
(1979), the jury could have found the following facts.
1. The scam. In February, 2014, each of the four victims
received telephone calls from individuals who claimed that the
victim's grandchild was in jail and needed money for bail. The
caller directed the victims ... More...
   $0 (11-28-2017 - MA)

Kimberly Ann Zizza v. William K. Harrington

United States Court of Appeals for the First Circuit

Kimberly Ann Zizza appeals an
order from the bankruptcy court denying her Chapter 7 discharge on
the grounds that she made material, knowing, and fraudulent false
oaths in the course of her bankruptcy proceedings. 11 U.S.C.
§ 727(a)(4). The bankruptcy court found that Zizza had failed to
disclose in her schedules and at her first creditors' meeting,
with reckless indifferen... More...
   $0 (11-15-2017 - MA)

COMMONWEALTH vs. J.A., a juvenile.

Massachusetts Supreme Judicial Court

The following facts are taken from the
testimony presented to the grand jury. In August, 2015, when
the juvenile was fourteen years old, he tortured a friend's dog
by shoving a soap dispenser pump into the dog's vagina,
1 Unlike a delinquent child, who is subject to rehabilitative penalties and remedies, a "youthful offender" is subject to penalties that... More...
   $0 (11-20-2017 - MA)

United States of America v. Glenn P. Pearson

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Former Massachusetts Police Sergeant Sentenced to Prison for Embezzling Funds from Disabled Veterans and Running Fraudulent Tax Preparation Business

A former Whitman, Massachusetts, police sergeant was sentenced to 48 months in prison today for preparing false income tax returns for clients of his tax preparation business, obstructing the internal revenue laws, and misapprop... More...
   $0 (11-15-2017 - Ma)

United States of America v. Julio Ernesto Gomez

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Dominican National Sentenced for Illegal Reentry

A Dominican national was sentenced November 9, 2017 in federal court in Boston for illegally reentering the United States after being deported.

Julio Ernesto Gomez, 46, a Dominican national residing in Boston, was sentenced by U.S. District Court Judge George A. O’Toole to eight months in prison, two years of supervise... More...
   $0 (11-11-2017 - MA)

United States of America v. Andrew Gordon

United States Court of Appeals For The First Circuit - Boston, Massachusetts

After attempting unsuccessfully
to hire a hit man to murder his wife (the person whom he asked to
facilitate the matter tipped off the authorities and the hired gun
turned out to be an undercover state trooper), defendant-appellant
Andrew Gordon then sought to procure the services of a second hit
man to kill both the tipster and the imposter. That attempt, too,
came to naug... More...
   $0 (11-11-2017 - MA)

United States of America v. Alex Levin

United States Court of Appeals For The First Circuit - Boston, Massachusetts

Central to this case is the Federal Bureau of Investigation's ("FBI" or "government") use of
software that it terms a Network Investigative Technique ("NIT").
The FBI used the NIT pursuant to a warrant it obtained from a
magistrate judge in the Eastern District of Virginia (the "NIT
warrant"). The FBI installed the NIT on Playpen, a child
pornography website it had taken... More...
   $0 (10-31-2017 - MA)

United States of America v. Guan Zong Chen, a/k/a Graham Chen

United States Court of Appeals For The First Circuit - Boston, Massachusetts

Boston, MA - Head of Wildlife Smuggling Ring Pleads Guilty to Smuggling Carvings Made From Ivory, Rhino Horn and Coral

Guan Zong Chen (“Graham Chen”), an Australian citizen, pleaded guilty in federal court in Boston, Massachusetts, on charges that he led a conspiracy to illegally export (smuggle) $700,000 worth of endangered and protected wildlife items made from rhinoceros horn, elephan... More...
   $0 (10-25-2017 - MA)

United States of America v. Richard Weed

United States Court of Appeals For The First Circuit - Boston, Massachusetts

Richard Weed, a securities lawyer,
wrote false opinion letters so that his two co-conspirators could
sell stock to the public in a "pump and dump" scheme.1 In
connection with this conduct, he was convicted of securities fraud,
wire fraud, and conspiracy to commit both. Following the jury's
guilty verdict, Weed moved for a judgment of acquittal. He argued
that the evidence w... More...
   $0 (10-11-2017 - MA)

United States of America v. Evelyn Medina, Annette Garcia, Kimberly Jordan, David Brimage and Bivian Yohanny Brea

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Defendants in Massachusetts Registry of Motor Vehicles Identity Theft Scheme Agree to Plead Guilty

Former RMV clerks agree to plead guilty and be sentenced to prison

Five individuals have agreed to plead guilty in federal court in Boston for their roles in a scheme to produce false identification documents through the Massachusetts Registry of Motor Vehicles (RMV).More...
   $0 (10-02-2017 - MA)

Robert Jude Wilber v. Robert Curtis; Brian Kinsella; Michael Rogers

Federal Courthouse - Boston, Massachusetts

This appeal concerns a challenge
to a summary judgment ruling that dismissed a lawsuit that a
Massachusetts property owner brought against three police
officers. The suit addressed the owner's arrest for actions that
he took in connection with his objection to the clearing of
vegetation on his property by the work crew for an electrical
utility, which held an easement to th... More...
   $0 (09-21-2017 - MA)

David Ceruolo v. Martha Garcia

Supreme Court of Massachusetts - Boston, Massachusetts

The plaintiff, David Ceruolo (David) sued his
ex-wife Lyllian Ceruolo (Lyllian),2 and her mother, Martha Garcia
(Garcia) for defamation and negligent and intentional infliction
1 Lyllian Ceruolo.
2 Because these parties share the same last name, we refer
to them by their first names.
2
of emotional distress following the conclusion of a contentious
divorce. The defe... More...
   $0 (09-07-2017 - MA)

United States of America v. Joseph Burhoe, a/k/a Jo Jo

Federal Courthouse - Boston, Massachusetts

This case involves an attempt
by the federal government to use the Hobbs Act to police the
activities of members of a labor union. Joseph Burhoe and John
Perry, who are union members, challenge the sufficiency of the
evidence of their convictions for, inter alia, extortion under the
Hobbs Act, as well as the jury instructions with respect to that
offense. The government att... More...
   $0 (09-08-2017 - MA)

United States of America v. Jane E. O'Brien

Federal Courthouse - Boston, Massachusetts

Jane E. O'Brien, a professional
investment adviser, engaged in a long-running scheme to defraud
several of her clients -- mostly elderly women who relied on her
financial advice and friendship -- out of their life savings. This
scheme was eventually uncovered, and she pled guilty -- in two
separate cases -- to securities fraud, investment adviser fraud,
wire fraud, a... More...
   $0 (09-02-2017 - MA)

United States ex rel. Sanofi-Aventis US LLC v. Mylan Inc., et al.

Federal Courthouse - Boston, Massachusetts

Boston, MA - Mylan Agrees to Pay $465 Million to Resolve False Claims Act Liability for Underpaying EpiPen Rebates

Pharmaceutical companies Mylan Inc. and Mylan Specialty L.P. have agreed to pay $465 million to resolve claims that they violated the False Claims Act by knowingly misclassifying EpiPen as a generic drug to avoid paying rebates owed primarily to Medicaid, the Justice Departme... More...
   $0 (08-18-2017 - MA)

Joseph Chalifoux v. Jennifer Chalifoux, Shaun Woods and Town of Tyingsborough

United States Court of Appeals For The First Circuit - Boston, Massachusetts

Appellee Jennifer Chalifoux ("Jennifer")
filed for divorce from her husband, appellant Joseph Chalifoux
("Joseph"), on May 5, 2010. The subsequent divorce proceedings
were highly contentious1 and spawned a torrent of additional
lawsuits in various federal and state courts. The case before us
now is the latest iteration of these lawsuits, wi... More...
   $0 (07-31-2017 - MA)

UNITED STATES OF AMERICA v. TONY BEDINI

_______________________________________________

UNITED STATES OF AMERICA v. ISKENDER KAPLLANI

United States Court of Appeals For the First Circuit

In 2012, Bedini and Kapllani were charged in the United
States District Court for the District of Massachusetts with
conspiracy to distribute and to possess with intent to distribute
five or more kilograms of cocaine in violation of 21 U.S.C. § 846.
Six other codefendants were also charged in that indictment for
the same crime, in consequence of their alleged participatio... More...
   $0 (07-08-2017 - MA)

 
 
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