O'Brien Law Boston

Federal Crimes

Can Staging a Crime Lead to Federal Conspiracy Charges?

A staged crime may appear, at first, to be a local criminal matter. However, when an alleged scheme is designed to obtain an immigration benefit through false claims or documentation, federal criminal charges can become possible. A recent case in the District of Massachusetts illustrates how prosecutors may use federal conspiracy laws when multiple people allegedly work together to create false circumstances for an immigration application. Eleven Indian nationals were charged in March 2026 with conspiracy to commit visa fraud in connection with allegations involving staged armed robberies. The defendants are presumed innocent unless and until proven guilty in court.

What Is Federal Conspiracy?

Federal conspiracy charges generally focus on an alleged agreement between two or more people to commit a federal offense. Under 18 U.S.C. § 371, the government must establish the existence of a criminal agreement and that at least one conspirator took an act to further the alleged plan. Importantly, conspiracy allegations do not necessarily require every participant to personally carry out the underlying criminal conduct. The Department of Justice explains that conspiracy liability can involve individuals who knowingly participate in a broader criminal scheme even when different participants perform different roles.

  That distinction is significant in a staged-crime investigation. A person accused of arranging a location, providing money, recruiting another participant, or otherwise helping organize the alleged scheme may face a conspiracy charge even if that person did not personally act as the “robber.” In the Massachusetts case, federal prosecutors allege that some of the defendants arranged for robberies to be staged, while others allegedly paid for themselves or family members to participate as supposed crime victims. According to the charging documents, the alleged robberies were intended to create the appearance that individuals had been victims of violent crimes so they could make claims in connection with U Visa applications.

 How Can Visa Fraud Become Part of a Staged-Crime Case?

U Visas are immigration benefits available to qualifying victims of certain crimes who have suffered qualifying harm and have been helpful to law enforcement in the investigation or prosecution of criminal activity. Creating a false crime scene or falsely claiming to have been a victim can therefore raise serious federal issues when the alleged purpose is to obtain an immigration benefit. 

  Federal law also criminalizes certain fraudulent conduct involving immigration documents and applications. Under 18 U.S.C. § 1546(a), knowingly making a false statement concerning a material fact in an application or other document required by immigration laws can constitute a federal offense. Depending on the circumstances, federal false-statement law under 18 U.S.C. § 1001 may also apply to materially false statements or documents in matters within the jurisdiction of the federal government.

Potential Federal Penalties

The Massachusetts U.S. Attorney’s Office states that the conspiracy to commit visa fraud charged in this case carries a potential sentence of up to five years in federal prison, three years of supervised release, and a fine of up to $250,000. The actual sentence in a federal case depends on the applicable statutes, the Federal Sentencing Guidelines, and the circumstances established in court.

The case demonstrates why an allegation involving a staged robbery cannot necessarily be viewed only through the underlying event itself. When prosecutors contend that the event was deliberately created to support fraudulent immigration claims, the investigation can encompass the alleged agreement among participants, communications, payments, planning, false representations, and other acts allegedly taken to advance the scheme. Anyone accused of participating in such a federal conspiracy should speak with an experienced federal criminal defense attorney as early as possible to understand the specific allegations, potential defenses, and consequences of the charges.

The DOJ announcement confirms that the allegations concern at least six staged robberies in Massachusetts and additional alleged incidents elsewhere, and that the charging documents—not a conviction—form the basis for the government’s allegations.

Experienced Criminal Defense Representation in Massachusetts

If you have been charged with a serious crime or believe you may be the target of a criminal investigation, obtaining experienced legal representation early can be critical. Attorney Francis T. O’Brien, Jr. brings more than 30 years of criminal defense experience to each case and has represented clients facing a wide range of state and federal criminal charges, including federal conspiracy, fraud and white-collar crimes, drug offenses, OUI and serious motor vehicle charges, assault, firearms offenses and other complex criminal matters.

Attorney O’Brien understands that every criminal case is different and requires a defense strategy tailored to the facts, the evidence and the individual circumstances of the client. Whether a case involves challenging the government’s evidence, constitutional and search-and-seizure issues, negotiating a resolution or preparing for trial, O’Brien Law Boston provides experienced representation focused on protecting the client’s rights and achieving the best possible outcome.

With offices in Boston and Hingham, O’Brien Law Boston represents individuals facing criminal charges throughout Massachusetts, including the South Shore and Greater Boston. If you have been arrested, charged with a crime, or are concerned that you are under investigation, contact  O’Brien Law Boston at 617-512-0939 to discuss your case.

Former and Current MBTA Employees Face Federal Charges Over Alleged Track Inspection and Overtime Fraud

Federal criminal charges can arise when workplace conduct allegedly involves falsified records, fraudulent payments, or misleading information provided to a government agency. A recent case in the District of Massachusetts illustrates how an investigation involving public transportation employees can develop into multiple federal felony allegations. According to the U.S. Attorney’s Office for the District of Massachusetts, six former Massachusetts Bay Transportation Authority (MBTA) employees and one current employee were charged in a superseding indictment involving alleged schemes to falsify Red Line track inspection reports and obtain overtime payments for work that prosecutors contend was not performed.

The allegations concern Red Line Maintenance of Way employees and track inspectors whose duties included inspecting tracks and documenting those inspections through an MBTA application called MaxTrax. Prosecutors allege that, between January and October 2024, certain employees submitted inspection reports that did not accurately reflect the work performed. The indictment further alleges that some inspection reports contained false information about the duration of inspections and train numbers, while employees were allegedly elsewhere during times when inspections were reported as taking place. Prosecutors also allege that some employees performed work on private vehicles during MBTA work hours. These allegations remain charges, and a criminal indictment is not a finding of guilt.

The case also involves alleged overtime fraud. According to the DOJ, overtime sheets were allegedly submitted claiming that employees worked shifts they did not actually complete. The charges include conspiracy to falsify records, conspiracy to commit wire fraud, wire fraud, falsification of records, false statements, and aiding and abetting. Depending on the specific offense charged and the facts proven, the potential federal penalties can be substantial. The DOJ states that conspiracy to falsify records and false-statements charges can carry up to five years in prison, while the falsification-of-records, conspiracy-to-commit-wire-fraud, and wire-fraud charges identified in the indictment can carry up to 20 years in prison, along with potential fines and supervised release. Federal law separately provides up to five years of imprisonment for certain conspiracies under 18 U.S.C. § 371 and up to five years for materially false statements or writings within federal jurisdiction under 18 U.S.C. § 1001.

For anyone investigated or charged in a federal case involving alleged falsification of employment records, overtime submissions, or government-related fraud, the distinction between an accusation and a conviction is critical. Federal prosecutors must prove the required elements of each charged offense, and the applicable defenses depend on the evidence, the defendant’s role, the alleged communications and records, and the government’s ability to establish knowledge and intent. An individual facing these types of allegations should speak with a Massachusetts federal criminal defense attorney as early as possible before making statements to investigators or prosecutors. A lawyer can review the charging documents and evidence, evaluate the government’s allegations, and develop a defense strategy appropriate to the specific circumstances.

Experienced Criminal Defense Representation in Massachusetts

If you have been charged with a serious crime or believe you may be the target of a criminal investigation, obtaining experienced legal representation early can be critical. Attorney Francis T. O’Brien, Jr. brings more than 30 years of criminal defense experience to each case and has represented clients facing a wide range of state and federal criminal charges, including fraud and white-collar crimes, drug offenses, OUI and serious motor vehicle charges, assault, firearms offenses and other complex criminal matters.

Attorney O’Brien understands that every criminal case is different and requires a defense strategy tailored to the facts, the evidence and the individual circumstances of the client. Whether a case involves challenging the government’s evidence, constitutional and search-and-seizure issues, negotiating a resolution or preparing for trial, O’Brien Law Boston provides experienced representation focused on protecting the client’s rights and achieving the best possible outcome.

With offices in Boston and Hingham, O’Brien Law Boston represents individuals facing criminal charges throughout Massachusetts, including the South Shore and Greater Boston. If you have been arrested, charged with a crime, or are concerned that you are under investigation, contact O’Brien Law Boston to discuss your case. If you are under investigation or have been charged with a federal offense, obtaining experienced legal counsel early in the process can help protect your rights and ensure that the evidence and circumstances surrounding the incident are thoroughly examined. contact his office at 617-512-0939.

When Can Employee Theft Become a Federal Crime?

Employee theft is often handled as a state criminal matter, but certain circumstances can bring an alleged theft or fraud into federal court. The distinction may depend on the source of the money or property involved, the organization affected, the amount at issue, and whether electronic communications were used as part of an alleged scheme. A recent case involving a former Plymouth Public Schools food-services director illustrates how allegations involving an employee’s misuse of workplace property can result in federal charges.

According to the U.S. Attorney’s Office for the District of Massachusetts, Patrick Van Cott, the former Director of Food Services for Plymouth Public Schools, was charged in April 2026 with one count of theft concerning programs receiving federal funds and two counts of wire fraud. Prosecutors alleged that, beginning in approximately 2014, Van Cott took food and commercial kitchen equipment purchased with school funds, including money connected to the U.S. Department of Agriculture, and used the items in a private seasonal food business. The allegations included school-purchased refrigerators, a freezer, cooking equipment and food products. The government later reported that Van Cott pleaded guilty to the federal charges in May 2026.

One federal statute that can apply to employee theft involving federally funded programs is 18 U.S.C. § 666. The law addresses theft, embezzlement, fraud and unauthorized conversion of property belonging to, or under the care of, certain organizations or state and local governments that receive federal funding. Generally, the statute applies when an agent or employee of a qualifying organization intentionally misappropriates property worth at least $5,000 and the organization receives more than $10,000 in federal assistance annually. The maximum penalty can include up to 10 years in federal prison and a substantial fine.

Wire fraud can provide another basis for federal prosecution when electronic communications are used to further an alleged fraudulent scheme. Under 18 U.S.C. § 1343, prosecutors generally must establish a scheme to defraud, the required fraudulent intent, and the use of interstate wire communications to advance the scheme. The statute carries a potential sentence of up to 20 years in prison in an ordinary wire-fraud case, although the actual sentence depends on the circumstances and applicable federal sentencing law.

Employee theft investigations can involve much more than reviewing missing property. Investigators may examine purchase orders, invoices, payroll information, accounting records, emails, electronic transactions, business records and communications between employees and outside businesses. In cases involving government agencies or federally supported programs, federal agencies may also become involved. In the Plymouth case, the FBI, the USDA Office of Inspector General and local police participated in the investigation.

For an employee under investigation, the potential consequences can extend beyond the value of the allegedly misappropriated property. Federal charges may expose a defendant to imprisonment, fines, supervised release and other financial consequences. The government must still prove the charged offenses beyond a reasonable doubt, and the particular facts, intent, ownership of the property, federal funding connection and alleged use of electronic communications can all be important issues in a federal criminal case. Anyone facing an investigation or federal charges involving employee theft, embezzlement or fraud should speak with an experienced federal criminal defense attorney before making statements to investigators or taking other steps that could affect the case.

Experienced Criminal Defense Representation in Massachusetts

If you have been charged with a serious crime or believe you may be the target of a criminal investigation, obtaining experienced legal representation early can be critical. Attorney Francis T. O’Brien, Jr. brings more than 30 years of criminal defense experience to each case and has represented clients facing a wide range of state and federal criminal charges, including fraud and white-collar crimes, drug offenses, OUI and serious motor vehicle charges, assault, firearms offenses and other complex criminal matters.

Attorney O’Brien understands that every criminal case is different and requires a defense strategy tailored to the facts, the evidence and the individual circumstances of the client. Whether a case involves challenging the government’s evidence, constitutional and search-and-seizure issues, negotiating a resolution or preparing for trial, O’Brien Law Boston provides experienced representation focused on protecting the client’s rights and achieving the best possible outcome.

With offices in Boston and Hingham, O’Brien Law Boston represents individuals facing criminal charges throughout Massachusetts, including the South Shore and Greater Boston. If you have been arrested, charged with a crime, or are concerned that you are under investigation, contact O’Brien Law Boston to discuss your case. If you are under investigation or have been charged with a federal offense, obtaining experienced legal counsel early in the process can help protect your rights and ensure that the evidence and circumstances surrounding the incident are thoroughly examined. contact his office at 617-512-0939.

Have You Been Charged With Participating in an Online or Financial Scam?

A recent incident in Hingham demonstrates how sophisticated online and telephone scams can be — and how quickly a fraud investigation can involve substantial amounts of money. According to Hingham Police, a 43-year-old resident reported in August 2026 that she received an unsolicited telephone call from someone claiming to work in the fraud department of her local bank. The caller told her that someone had attempted to impersonate her at the bank and that her account was compromised.

The following morning, the caller allegedly instructed the woman to go to her bank while remaining on the phone and transfer her money into what was described as a “new safe account.” The woman transferred $56,000 using account information supplied by the caller. According to police, after becoming suspicious several hours later, she contacted her actual bank and learned that she had been scammed. Hingham Police reported that the incident was under investigation.

What Criminal Charges Can Result From an Online Scam?

Individuals suspected of participating in scams involving telephone calls, email, websites, electronic payments or bank transfers can potentially face serious state or federal criminal charges. The particular charges depend on how the alleged scheme operated, the amount of money involved, the identities of the alleged victims, and the role prosecutors believe each participant played.

Wire fraud is one of the most significant federal charges that can arise from an alleged online or electronic fraud scheme. Prosecutors may bring wire fraud charges when they allege that someone intentionally participated in a scheme to defraud and used interstate electronic communications in furtherance of that scheme. Emails, telephone communications and electronic transfers can potentially become part of a federal wire fraud investigation. A federal wire fraud conviction can carry a sentence of up to 20 years in prison in many cases.

Bank fraud may also be charged when an alleged scheme is directed at a federally insured financial institution or involves obtaining money or property under the custody or control of a bank through fraudulent representations. Bank fraud is an especially serious federal offense and can carry a maximum prison sentence of up to 30 years.

Identity theft and aggravated identity theft may become part of a prosecution when an alleged scam involves another person’s identifying information. This can include names, Social Security numbers, bank account information or fraudulent identification documents. Aggravated identity theft is particularly significant because a conviction can result in a mandatory two-year prison term that is served consecutively to the sentence for certain underlying felony offenses.

Money laundering and conspiracy charges can further increase the complexity of a fraud case. Prosecutors may investigate where allegedly stolen money was sent, whether it moved through multiple accounts, who controlled those accounts, and whether transactions were designed to conceal the source or ownership of the proceeds. A person does not necessarily have to be accused of personally making the fraudulent call or sending the original message to become part of a broader investigation. Prosecutors may instead allege that someone knowingly helped receive, transfer, withdraw or conceal proceeds or participated in a conspiracy with others.

Online Fraud Cases Can Become Complex Federal Investigations

A person accused of participating in a scam may therefore face several charges arising from the same alleged course of conduct. Recent Massachusetts federal cases demonstrate this possibility. Defendants accused of schemes involving banks and stolen customer information have faced charges including bank fraud, conspiracy to commit bank fraud, money laundering conspiracy and aggravated identity theft.

These investigations can involve substantial amounts of digital and financial evidence. Investigators may examine bank records, wire transfers, emails, text messages, telephone records, IP addresses, electronic devices, surveillance footage and communications among alleged participants. A major issue can also be determining the role and knowledge of each individual involved. Receiving money, allowing someone to use an account, or communicating with another person connected to an investigation does not by itself answer the critical question of whether the government can prove that an individual knowingly and intentionally participated in a fraudulent scheme.

Defending Fraud and Wire Fraud Charges in Massachusetts

If you learn that you are the target of a fraud investigation — or have already been arrested or charged — obtaining experienced criminal defense counsel early can be important. Fraud cases can become complicated quickly, particularly when federal investigators are involved or prosecutors allege that multiple individuals participated in a larger scheme. An attorney can examine the government’s evidence, the defendant’s alleged role, whether the government can establish fraudulent intent, and whether statements, searches or electronic evidence can be challenged.

Attorney Frank O’Brien has more than 30 years of criminal defense experience and has represented clients accused of fraud, wire fraud and other serious criminal offenses. When a fraud investigation involves complex financial transactions, electronic communications or allegations involving multiple participants, an experienced criminal defense attorney can carefully examine the government’s theory of the case and work to protect the accused person’s rights throughout the investigation and prosecution.

Boston Man Receives Nine-Year Federal Prison Sentence

Traffic Stop Led to Firearm and Drug Charges

The case stems from a motor vehicle stop on May 5, 2024.

According to prosecutors, law enforcement stopped Dossantos-Wellington’s vehicle and he attempted to flee during the encounter. Officers subsequently recovered a loaded Springfield Armory XD-9 9mm pistol from his pants, along with eight baggies containing cocaine base, methamphetamine, and oxycodone.

Federal prosecutors also noted that Dossantos-Wellington had recently completed a sentence for a previous federal drug-trafficking conviction. Because of that prior felony conviction, he was prohibited under federal law from possessing a firearm or ammunition.

Prior Conviction Played a Role

Federal law generally prohibits individuals convicted of qualifying felony offenses from possessing firearms or ammunition. A new firearm offense can therefore result in a separate federal prosecution even when the underlying circumstances also involve alleged drug activity.

In this case, the combination of the firearm allegation, the controlled substances, and Dossantos-Wellington’s prior federal conviction resulted in prosecution in federal court.

Federal Authorities Announced the Sentence

The sentence was announced by U.S. Attorney Leah B. Foley, Thomas Greco, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives Boston Field Division, and Boston Police Commissioner Michael Cox.

Assistant U.S. Attorney John T. Dawley of the Organized Crime & Gang Unit prosecuted the case.

The prosecution was identified as part of Operation Take Back America, a Department of Justice initiative focused on combating illegal immigration, cartels and transnational criminal organizations, and violent crime. The initiative incorporates resources from the Department of Justice’s Organized Crime Drug Enforcement Task Forces and Project Safe Neighborhoods.

What This Case Shows About Federal Criminal Charges

Federal prosecutions involving firearms and controlled substances can expose defendants to substantial prison sentences, particularly when a prior felony conviction is involved. The specific charges, applicable federal sentencing guidelines, statutory penalties, criminal history, and circumstances surrounding the alleged conduct can all affect the ultimate sentence.

Anyone charged with a federal firearm or drug offense should speak with an experienced criminal defense attorney as early as possible. Federal cases can involve complex procedural and sentencing issues, and the consequences of a conviction can extend well beyond the prison sentence itself.