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Date: 01-13-2021

Case Style:

United States of America v. Kevin M. Brill

Case Number: 1:20-cr-10125-MLW

Judge: Mark L. Wolf

Court: United States District Court for the District of Massachusetts (Suffolk County)

Plaintiff's Attorney: United States District Attorney’s Office, Boston, Massachusetts

Defendant's Attorney:

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Description: Boston, Massachusetts tax evasion criminal defense lawyer represented attorney Kevin M. Brill, age 61, of Newton, who was charged with six counts of wire fraud and four counts of filing false tax returns.

From 2012 to July 2017, Brill served as a trustee for three family trusts with funds held at Morgan Stanley Bank. As trustee, Brill had fiduciary responsibilities to protect and preserve the funds of the trusts and make expenditures for the benefit of each beneficiary. As part of his embezzlement scheme, Brill created new accounts at Santander Bank through which he funneled funds he withdrew from the trust accounts. Over the course of the six-year scheme, Brill embezzled and misappropriated more than $600,000 from the various trusts and used the proceeds on personal expenses such as a personal vehicle, a vacation home in Vermont and to pay for his personal credit card expenses.

In addition, Brill failed to report his illegal income to the IRS, thereby avoiding payment of more than $169,000 that he owed in federal income taxes.

The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. The charge of filing false tax returns provides for a sentence of up to three years in prison, one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

18 U.S.C. § 1343- WIRE FRAUD

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement. Assistant U.S. Attorney Victor A. Wild of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.

Outcome: 01/11/2021 14 Electronic Clerk's Notes for proceedings held by video conference before Magistrate Judge Judith G. Dein:the clerk gives notice of prohibition on broadcasting, photographing, or recording of the court proceeding; USMJ Dein conducts colloquy with Dft. of his right to a public proceeding, his right to appear in person and due to Covid-19 this video hearing was arranged; Dft. consents to proceed via video;Initial Appearance as to Kevin M. Brill held on 1/11/2021;USMJ Dein informs the Dft. of his rights and charges; USMJ Dein orders the Government to disclose all exculpatory information, in a timely manner, to the defendant; Govt. states maximum penalties; Dft. is released on conditions.(Attorneys present: Wild and Rankin. )Court Reporter Name and Contact or digital recording information: Kathleen Silva at (Quinn, Thomas) (Entered: 01/11/2021)
01/11/2021 15 Magistrate Judge Judith G. Dein: ORDER entered. as to Kevin M. Brill (Quinn, Thomas) (Entered: 01/11/2021)
01/11/2021 16 WAIVER OF INDICTMENT by Kevin M. Brill. (Loret, Magdalena) (Entered: 01/11/2021)
01/11/2021 17 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Waiver of Indictment and Plea to Information as to Kevin M. Brill held on 1/11/2021. Defendant present and sworn. Defendant consents to proceeding by videoconference. Court conducts colloquy. Plea Agreement marked into evidence as Ex. 1. Court accepts defendant's Waiver. Court conducts arraignment. Defendant pleads guilty to Counts 1-10. Defendant released on conditions. Sentencing set for 4/5/21 at 1:30 p.m. Any motions shall be filed by 3/22/21, oppositions shall be filed by 3/29/21. Procedural Sentencing Order to follow. (Attorneys present: Wild, Rankin. PO Martha Victoria present.). Court Reporter Name and Contact or digital recording information: Kelly Mortellite at (Loret, Magdalena) (Entered: 01/11/2021)
01/11/2021 18 Judge Mark L. Wolf: PROCEDURAL ORDER regarding sentencing hearing as to Kevin M. Brill. Sentencing set for 4/5/2021 01:30 PM in Remote Proceeding: Boston before Judge Mark L. Wolf. (Loret, Magdalena) (Entered: 01/11/2021)
01/11/2021 19 EXHIBIT 1: Plea Agreement to Waiver hearing held on 1/11/21. (Loret, Magdalena) (Entered: 01/11/2021)
01/11/2021 20 Case as to Kevin M. Brill no longer referred to Magistrate Judge Donald L. Cabell. (Russo, Noreen) (Entered: 01/11/2021)

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