For Immediate Release - June 03, 2010

Cambridge Man Sentenced to One Year in Prison in Connection with Accepting Over $7,000 in Commercial Bribery Scheme

BOSTON - A former Partners Healthcare employee has been sentenced after being convicted in connection with setting up payments, or "kickbacks," from a vendor in exchange for securing computer software and service contracts for Partners Healthcare (Partners). On May 26, 2010, a Suffolk Superior Court jury found John Cleary, age 38, of Cambridge, guilty on the charges of Commercial Bribery (2 counts). Superior Court Judge Patrick Brady sentenced Cleary yesterday to serve one year in State Prison, followed by one year of probation.

"Mr. Cleary used his position of trust to influence the bidding process at Partners, which allowed him to receive these kickbacks for his own personal gain," AG Coakley said. "These types of crimes hurt employers trying to do legitimate business in the Commonwealth, and our office will aggressively investigate and prosecute individuals who scam their employers."

Two other co-defendants have pled guilty and have been sentenced in connection with this case. On December 31, 2009, Brian Colpak, age 46, of Lynnfield, pled guilty to charges of Commercial Bribery (4 counts), and Conspiracy to Commit Commercial Bribery. Colpak was sentenced to serve two years in the House of Correction, with the first six month of the sentenced to be served under home confinement, with the balance suspended for a probationary period of two years. On December 28, 2009, John DiMille, age 51, of East Boston, pled guilty to charges of Commercial Bribery and Conspiracy to Commit Commercial Bribery and was sentenced to serve two years of probation.

Authorities discovered that Colpak, owner of Future Technologies (Future Tech), based in Lynnfield, paid numerous bribes to employees of Partners Healthcare in order to secure contracts that would provide hundreds of thousands of dollars worth of computer and information systems to Partners.

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 recommending computer equipment purchases for Partners.

A Suffolk Grand Jury returned indictments against all three men on September 30, 2008. Colpak and DiMille were arraigned on October 1, 2008, at which time they pled not guilty and were ordered held on bail. Cleary was arraigned on October 8, 2008, in Suffolk Superior Court where he entered a plea of not guilty and was released on personal recognizance.

The trial for Cleary began on May 24, 2010, and lasted four days. The jury deliberated for approximately one day before returning with a verdict of guilty. The judge revoked Cleary's bail and he was put in the custody of the Suffolk County Sheriff until his sentencing yesterday.

The case was prosecuted by Assistant Attorney General Glenn Cunha, Chief of AG Coakley's Insurance and Unemployment Fraud Division and was investigated by Financial Investigator Sallyann Nelligan with assistance from 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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