For Immediate Release - July 28, 2011

Employee Of MBTA Subcontractor and Revere Woman Indicted In Connection with Alleged Biggest Fare Evasion Scheme In MBTA History

Illegal Monthly Passes Worth Millions Allegedly Produced And Sold To Riders

BOSTON - An employee of an MBTA subcontractor and a female associate have both been indicted in connection with an alleged scheme to illegally produce millions of dollars worth of MBTA monthly passes and sell them directly to riders, Attorney General Martha Coakley announced today.

A Statewide Grand Jury returned indictments today against Andres Townes, age 27, and Gloria Escobar, age 27, both of Revere, on charges of Larceny over $250, and Conspiracy to Commit Larceny over $250. Townes was also indicted on an additional charge of Making False Entries in Corporate Books. On May 19, 2011, both Townes and Escobar were arrested by MBTA Transit Police and Massachusetts State Police assigned to the Attorney General's Office. The next day, Townes and Escobar were each arraigned in Salem District Court where they entered pleas of not guilty. Townes is currently being held on $250,000 cash bail and Escobar is being held on $100,000 cash bail.

"We allege that these defendants executed an extensive public corruption scheme to produce fraudulent passes and sell them for their own personal gain," AG Coakley said. "Our investigation with the MBTA into this matter remains ongoing."

This investigation began on March 11, 2011 after an alert conductor on the Massachusetts Bay Commuter Rail (MBCR) noticed a pass that appeared different in color. Passengers aboard the Commuter Rail present their passes for visual inspection. The passenger told the conductor the pass had gone through the laundry and said that he had purchased the pass on Craigslist. The conductor confiscated the pass and turned it over to the MBTA Transit Police. Further investigation showed that despite opening electronic gates, the printed serial number in the MBTA database did not show the card ever being activated. The MBTA soon discovered hundreds of similar passes in use by passengers.

These stolen monthly "ghost" passes were being used by passengers on all forms of MBTA transportation, including the commuter rail, subway, and buses. These were authentic passes that had been fraudulently produced. Investigators discovered that all the stolen passes had been activated in Beverly, Massachusetts by a machine owned by the MBTA and used by Cubic Transportation Systems, Inc. ("Cubic"). Cubic is an independent vendor which handles the sale and fulfillment of MBTA passes purchased on-line and over the telephone.

Townes was an employee of Cubic. He worked at Cubic's Beverly office as a "Fulfillment Supervisor", which gave him access to the secure room that houses the machine used to produce MBTA tickets. Townes allegedly manipulated the machine, producing authentic MBTA passes that were not recorded by the MBTA's central computer system as having been activated. These monthly passes have a value of up to $250 each, depending on the highest "zone" to which the passenger travels. Escobar allegedly worked with Townes to sell these fraudulent passes to passengers at a discounted rate, often through Craigslist, with no revenue going back to the MBTA. Townes and Escobar allegedly sold passes using the pseudonyms "Rich and Lisa Rohan."

Townes is accused of selling MBTA passes as far back as November 2007. Prosecutors also allege that Townes produced more than 20,000 fraudulent passes worth millions of dollars. At least $2 million dollars worth of those passes were never in service because the passes had been dated and activated for use as far in the future as November 2012.

In March 2011 alone, the MBTA traced the use of more than 400 of these fraudulent passes worth more than $70,000 that were being used by passengers.

Consumers should be aware that the MBTA does not sell passes through Craigslist, private individuals or at a discounted rate. The MBTA also does not sell passes months in the future. If passengers hold a pass purchased this way, they may hold a pass that was fraudulently produced. Passengers who are concerned that they may have a fraudulent pass should contact the MBTA Transit Police at 617-222-1160.

Today, a Statewide Grand Jury returned indictments against Townes and Escobar. They will be arraigned in Essex Superior Court at a later date.

The investigation was initially conducted by the MBTA and MBTA Transit Police. It was then referred to the Suffolk County District Attorney's Office. Due to Cubic's location in Essex County, the investigation was brought to the Attorney General's Public Integrity Unit.

Assistant Attorney General Jim O'Brien, Chief of the Attorney General's Public Integrity Division, and AAG Gina Masotta are prosecuting this case. MBTA detectives, personnel in the MBTA's Automated Fare Collection Department, state police assigned to the Attorney General's Office, financial investigators Jessie Dean and Taylor Glynn, of AG Coakley's Financial Investigation Division under the supervision of Division Chief Paul Stewart are also working on this active and ongoing criminal investigation.

In February 2011, AG Coakley announced the formation of the Public Integrity Division - the first division in the office focused exclusively on cases of public corruption and fraud. The Public Integrity Division investigates and prosecutes serious criminal misconduct involving (a) crimes committed against or upon publagencies, (b) corrupt public employees and public entities who engage in or conspire to commit larceny, fraud, bribery, gratuities, and other crimes in which there is a hidden personal financial interest, and (c) crimes that have a corrosive or harmful effect on public confidence in our government and other trusted institutions, including such crimes as perjury and obstruction of justice.