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A woman living in New York has been accused of stealing nearly half a million dollars from One Fund Boston, a fund meant to help victims of the Boston Marathon attack.The woman allegedly submitted extensive documentation showing that she had been admitted to a Boston hospital with a traumatic brain injury.

The notarized documents reportedly demonstrated that the woman had been admitted to the Boston Medical Center for two days, and then transferred to the Albany Medical Center for an additional ten days. The documents included medical records stating that the woman suffered from long-term memory loss, impaired speech, and loss of motor function. She also reportedly claimed that she would require future surgery.

Her claim for $480,000 was approved and paid by One Fun at the end of June. The attorney general has since received a tip that the claim may have been fraudulent. Further investigation revealed that the woman did not check in to either of the hospitals she claimed to have on the dates she claimed. Furthermore, the Attorney General does not believe that the woman was in Boston at the time of the attack.

The woman was arrested last week near her home in New York on a fugitive warrant, and has since been charged with larceny over $250.

Investigators believe that one or two additional individuals may be involved in the alleged scam.
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In Massachusetts, it is a serious offense to operate a motor vehicle after one’s license has been suspended.  However, what people may not be aware of is the different ways that your license or right to drive can be taken away, how long it will be suspended for and what fees you will be required to pay to the Massachusetts Registry, once you have taken steps to have your license reinstated.

The most evident reasons for license suspensions are for serious criminal offenses.  For example, a person convicted of motor vehicular homicide or vehicular manslaughter, will have his or her license suspended for at least fifteen (15) years and, depending on the persons’ record, it could potentially be taken for life.

A license can also be suspended for one (1) to three (3) years if a person is convicted of stealing a motor vehicle, another serious criminal offense. The punishment for driving negligently so as to endanger is a license suspension of 60 days up to one year.  If a person is convicted of leaving the scene of an accident where there is property damage, a license can be suspended for 60 days and up to a year as well.  If there are injuries and a person leaves the scene of the crime, the punishment is even more severe, with suspension ranging from one (1) to two (2) years.  For all of the previous offenses, the reinstatement fee is $500.00 in addition to periods of suspension, which must be served unless the driver is given a hardship license or a suspension reduction by the Board of Appeal for the Registry of Motor Vehicles.

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A United States Attorney recently announced that an alleged Chinatown crime boss has been sentenced to more than five years in prison for his involvement in drug trafficking, money laundering, and prostitution related criminal activities.The U.S. Attorney said in a statement that the defendant, Wei Xing Chen, pleaded guilty in April to conspiring to the following charges:

  • money-laundering;
  • inducing travel for the purpose of prostitution;
  • conspiracy to possess with intent to distribute methylenedioxymethamphetamine (MDMA), and benzylpiperazine (BZP), both are forms of the street drug ecstacy;
  • and possession with intent to distribute BZP.

The defendant was sentenced last week in U.S. District Court to 70 months in prison, with two subsequent years of supervised release, an additional $1,000 fine, and forfeiture of his Mercedes and $8,000 in cash.

The U.S. Attorney further reported that a co-defendant in the case pleaded guilty last November to his involvement in the prostitution ring, and was sentenced to two years of probation including six months of home detention.

In a separate sworn statement, the government revealed that the two defendants were among 26 individuals initially indicted in 2011, following a long term FBI investigation into organized crime within Chinatown. In addition to the indictments, government officials also seized 13 guns, $340,000 in cash, and nearly 13,000 of what they believed to be oxycodone pills, in addition to “extensive evidence” of prostitution and illegal gambling.
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If this is your first time being charged with Operating Under the Influence, or OUI, you may be feeling incredibly stressed and uncertain of what’s to come. There are also some things you should know about the nature of the allegations against you.First and foremost, even in the case of a first offense, OUI is deemed a criminal offense. The crime itself is defined as a person operating a motor vehicle (which can include a boat or other vehicle, not only a car), while under the influence of alcohol and/or drugs. Keep in mind also that “operating a vehicle” does not necessarily mean driving on the street. Depending upon the circumstances, even sitting within a car to sober up could be considered operating a vehicle, depending upon the officer’s impression of your behavior, and also the surrounding factual circumstances. In other words, it doesn’t take erratic driving or a dramatic car crash to potentially implicate these charges.

The state of Massachusetts felt that current law was not harsh enough on drivers found guilty of OUI, so in 2005 it passed Melanie’s Law, increasing the penalties for OUI cases. Due to the state’s stance on these types of cases, it is of the utmost importance that you hire a Massachusetts defense lawyer who is knowledgeable about the nature of the charges, and also experienced in representing individuals charged with OUI offenses.

For example, an experienced Massachusetts OUI defense attorney may successfully be able to reduce the potential sentence you are facing as a first time offender from a maximum of two and a half years in jail, a $5,000 fine, and a five year license suspension, to a state-approved alcohol education program. This reduction is not possible after the first offense, and it is not a default reduction. That means the court will not automatically grant it; your attorney will have to secure it for you.
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According to reports, Former New England Patriots tight end Aaron Hernandez was denied release on his first degree murder charge during his appeal to be released on bail.The decision, which was handed down by a superior court judge upheld the prior ruling of a district court judge shortly following Hernandez’s arraignment for the murder charge and five additional weapons charges in relation to the alleged killing of Odin Lloyd. The evidence for weapons charges allegedly stems from the recovery of .22 and .45 caliber ammunition recovered from a condo where Hernandez had allegedly been present recently.

In the ruling, the judge expressed the opinion that although circumstantial, the current evidence suggests that Hernandez committed the crime in a cold-blooded manner, suggesting that he does not conform to societal rules, and is therefore a potential flight risk should he be released on bail.

Hernandez’s next scheduled appearance in relation to the charges is tentatively set for July 24 for a probable cause hearing, although there is a chance that prosecutors could schedule a grand jury prior to then in order to proceed with a formal indictment.
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Melanie’s Law was enacted to impose harsher penalties and sanctions against people that are charged with Operating Under the Influence in Massachusetts. The law has created new offenses that were not present prior to 2005 when it was signed into law. For instance, if someone who already has their license suspended for a previous operating under the influence (OUI), is arrested for operating under the influence again, they may now be charged with two offenses at the same time: OUI and OUI with a suspended license. This charge requires a mandatory jail sentence of at least one year and can be up to two and a half years, as well as a fine between $2,500-$10,000. In addition, a new crime was created for operating a motor vehicle under the influence of alcohol while there was child under the age of 14 in the vehicle. The driver can be charged with not only OUI, but also child endangerment while OUI. The punishment for a first offense is 90 days to 2.5 years imprisonment, a fine between $1,000-$5,000, as well as a yearlong suspension of the driver’s license. The crime of Manslaughter by Motor Vehicle was also created and implemented by Melanie’s Law. If a driver is under the influence of drugs or alcohol while operating a vehicle commits manslaughter, the driver will be charged with Manslaughter by Motor Vehicle. The minimum sentence is 5 years imprisonment and can be up to 20 years, as well as a fine up to $25,000.

Under Melanie’s Law, if a person has been convicted of OUI two (2) times, and is eligible for a hardship license, or in order to have their license reinstated, the driver will be required to have an Ignition Interlock Device installed in any vehicle that that person owns, leases or operates. The driver is required to pay for the expenses to install the device as well. The device requires that the driver have a blood alcohol reading of less than .02 in order for the vehicle to start. If the driver registers higher than .02, the vehicle will not start. The driver must report to company that installed the device every 30 days at which point the vendor uploads the data from the device and transmits it to the Registry of Motor Vehicles. If the device is necessary under the hardship license requirement, then the device must be used for the entire life of the hardship license, as well as an additional two (2) years after the license has been reinstated. If the driver is simply eligible for license reinstatement, then the device will be required for a mandatory two years. If the driver does not comply with the requirements, their license will be revoked for a minimum of 10 years, with the possibility of the revocation being for life.

Melanie’s Law does not specifically relate to just OUI offenders either. It is also applicable to persons that allow or hire an unlicensed individual or an individual with a suspended license to operate a motor vehicle. If an employer hires an individual with a suspended license to operate a motor vehicle, there is a $500 fine for the first offense, and up to one year in jail for a second offense. If person that owns or is in possession of a vehicle allows an individual that is unlicensed to operate the vehicle, the first offense is a sentence of one-year imprisonment and a fine up to $500. The same penalty is applicable if someone allows a person with an Ignition Interlock restriction to operate a vehicle without the device.
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Just before two in the afternoon on Saturday, over a dozen state police cars pulled up to the home of New England Patriot’s tight end Aaron Hernandez, which is located in North Attleboro. While some investigators remained outside, many members of the K-9 and State Police Crime Lab units were seen entering the home. Reporters on the scene stated that police were executing a search warrant. The search is believed to be in connection with the death of the semi-professional football player Odin Lloyd.According to reports, three search warrants were issued in relation to the investigation earlier in the week, but the details have not been made public.

A District Court clerk magistrate further stated that while no arrest warrant had been filed for Hernandez, a local radio station reported that one had been issued on an obstruction of justice charge. The charge is reportedly related to destruction of video surveillance evidence from Hernandez’s home and his cell phone, which was allegedly turned over to authorities “in pieces.”

It was not clear whether police planned to execute that warrant simultaneous with the search.

According to family members of the victim, Lloyd was friends with Hernandez, and the two were reportedly together the day that Lloyd was allegedly murdered.

Police reportedly already searched in and around the home earlier last week. Additionally, police in nearby Providence, R.I., said they they were working with Massachusetts state police and North Attleborough police, specifically with regard investigating at a local strip club named “Club Desire.” The connection to the case has not been reported.
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In Massachusetts, the terms operating under the influence (OUI), driving under the influence (DUI), driving while intoxicated (DWI) are synonymous. The official charge is Massachusetts is known as Operating Under the Influence (OUI). This charge is a criminal offense in which a person is found to be operating a vehicle after having ingested any alcoholic beverage or chemical substance which impairs their ability to drive safely.Additionally, with the passage of Melanie’s Law in 2005, the penalties for OUI can be incredibly harsh. First time offenders may face a potential sentence of up to 2.5 years in prison, license suspension for one year, and an accompanying fine of $500-$5,000. However, if it is your first offense, your attorney may be able to convince the court to allow you to complete an alcohol education course in order to reduce your license suspension period.

Many individuals may be surprised to learn that the OUI laws apply not only to operation of a car or other motor vehicle on the roadway, but also to any other motor vehicle, such as a boat. Boating under the Influence (BUI) also carries a potential penalty of up to 30 months in prison and/or a $1,000 fine,in addition to loss of license and registration for up to a year. Additionally, if convicted of a BUI which also caused substantial bodily injury, an individual could face up to 10 years in prison, and a fine of up to $5,000. Furthermore, Massachusetts law explicitly states that, by choosing to operate a vessel on the state’s waters, you have given your implied consent to submit to alcohol testing if you are arrested for a BUI.
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A Boston man was recently charged with burglary in connection with several Massachusetts jewelry store robberies, and authorities believe that he may also be responsible for several more.The suspect pleaded not guilty in Salem District Court on Monday to two counts of each of breaking and entering, malicious destruction of property, and to being a fugitive from justice. His bail was set at $750,000.

The charges stem from incidents which occurred at the same Beverly jewelry store, roughly one week apart, in December and January. During both instances, a fifteen to twenty pound dumbell was found within the store, which authorities believe was used to smash open glass doors and display cases. Police believe that the suspect may be responsible for more than a dozen similar “smash and grab” robberies in New York and New England, in which almost $500,000 of merchandise was taken.

Prosecutors said that the man’s blood, and thus DNA, was found at the store involved in the crime. The man’s attorney pointed out that this was the only evidence tying him to the alleged incident.
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The United States Supreme Court handed down somewhat of a shocking decision this week in the case of Maryland v. King, regarding the constitutionality of law enforcement collecting DNA of arrestees without a warrant.

At issue was a Maryland state statute, which allowed for the warrantless collection of DNA from a suspect following an arrest for a “serious offense,” which under Maryland law includes crimes of violence or burglary.

Here is what is deeply disturbing about this decision, and why all Americans should be concerned– this law does not require a warrant for the taking of your DNA. Under this law, and those being passed across the country, the collection of DNA is being treated in the same manner as the collection of your finger prints or booking photograph.

What’s so wrong with that, some might ask? What’s troubling about that is the fact that the burden for making an arrest is already low, and the potential for misuse or misplacement of DNA samples, and thus potential for abuse to an individual’s unique DNA is incredibly high. Leaving wholly aside the way in which this revelation could completely circumvent constitutional rights of individuals implicated in other crimes, we are now saying that it is ok to collect DNA after what could be an almost non-existent criminal case.

For example, if an individual happens to be present at the scene of the crime, and the police arrive following an anonymous 911 tip, the fact that the person is there could alone raise a strong suspicion, and thus provide a probable cause for an arrest. Even if you were not involved in the burglary at all, the fact that you are there could supply the probable cause for an arrest, and now the government can lawfully collect your DNA. Does that scenario bother you? It should. So much so that one of, if not the, most conservative justices on the court, Antonin Scalia, sided with three of the most liberal, Ruth Bader Ginsburg, Elena Kagan, and Sonya Sotomayor, in a scathing dissenting opinion, which he personally read aloud in the courtroom.
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