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MARTHA COAKLEY

ATTORNEY GENERAL

October 01, 2008 - For immediate release:

Three Men Indicted; Two Arraigned Today in Connection with Commercial Bribery Scheme

Third Individual Summoned for Arraignment on October 8, 2008

BOSTON – Today, two men were arraigned in Suffolk Superior Court in connection with allegedly setting up payments, or “kickbacks,” from a vendor in exchange for securing computer software and service contracts for Partners Healthcare (Partners).  Brian Colpak, age 44, of Lynnfield, is charged with Commercial Bribery (4 counts) and Conspiracy to Commit Commercial Bribery. Another defendant John DiMille, age 49, of East Boston, is also charged with Commercial Bribery and Conspiracy to Commit Commercial Bribery.  Both men were arraigned today before Suffolk Superior Court Magistrate Gary Wilson where they both entered pleas of not guilty.  DiMille was ordered held on $1,000 cash bail, and Colpak was ordered held on $5,000 cash bail.  Authorities allege that Colpak, owner of Future Technologies (Future Tech), based in Lynnfield, paid numerous bribes to employees of Partners Healthcare in order to secure contracts with Partners to provide hundreds of thousands of dollars worth of computer and information systems. 

A third co-defendant, John Cleary, age 36, of Cambridge, is charged with Commercial Bribery (2 counts).  Cleary was summoned for arraignment and is expected to be arraigned on October 8, 2008, also in Suffolk Superior Court.  A Suffolk County Grand Jury returned indictments against all three men yesterday.

In May 2007, the Attorney General’s Office began an investigation after Partners brought the matter to the office’s attention.  Partners indicated to authorities that they had reason to believe Colpak was attempting to bribe numerous Partners employees in an effort to secure contracts for his company, Future Tech.  Investigators discovered that from July 2003 through October 2007, Colpak paid the two men thousands of dollars for their help in obtaining contracts to provide IT systems and service for Partners and its entities, including the Dana Farber Cancer Institute.  DiMille was a group leader in the Production Division of the Information Systems Department, and had a great deal of control as to who was awarded the contracts for the acquisition, installation and maintenance of these particular systems.  As Master Engineer in DiMille’s division, Cleary played a major role in reviewing the contracts for these systems. 

Before a vendor can do business with Partners they must complete an initial, generic vendor application.  This application lays out the guidelines that the vendor must comply with in order to do business with Partners.  After completion of this application, the winning bid is selected and then sent to the department’s supervisor for approval.  Within the guidelines of the application are the requirements that the vendor not provide any member of Partners with rewards, gratuities or gifts.  Authorities allege that DiMille and Cleary often would not solicit competing bids for contracts, or failed to engage other interested parties at Partners as required, prior to awarding Colpak the winning bid. 

A Suffolk Grand Jury indicted all three men yesterday.  Both Colpak and DiMille were arraigned this afternoon in Suffolk Superior Court where they pled not guilty and were ordered held on bail.  Both men are scheduled to appear in court on November 12, 2008, for a pre-trial conference.

The case is being prosecuted by Assistant Attorney General Richard Grundy, Chief of the Attorney General’s Criminal Bureau, and Assistant Attorney General Nancy Maroney, of Attorney General Coakley’s Corruption and fraud Division, and was investigated by Massachusetts State Police assigned to the Attorney General’s Office.  Partners Healthcare also assisted and cooperated fully with the Attorney General’s investigation.

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