As part of our mission to detect fraud, waste, and abuse the Office of the Inspector General conducts civil and criminal investigations. Many of these cases lead to prosecution or are referred to different agencies for further action. Other cases or reviews have resulted in cost recovery for the Commonwealth. Recent cases are highlighted below.
OIG Investigation Regarding Plymouth County Bid-Rigging Leads to Settlement, April 2012
An Inspector General investigation of attempted bid-rigging allegations resulted in Attorney General Martha Coakley reaching a settlement with Former Commissioner Timothy McMullen and Edward Burgess the owner of Capeway Pest Management to pay $7,500 each in penalties and costs. In December 2010 the Office concluded an investigation into a complaint concerning the quote process for the pest control contract that was to be awarded by the Plymouth County Commissioners. The pest control contract involved pest control services for seven Plymouth County buildings, including the Plymouth County District Attorney’s Office, the Brockton Superior Court, three District Courts, the Plymouth County Registry of Deeds, and the Plymouth County Commissioners’ Office. The Office found that collusion and bid rigging occurred in the procurement of the contract. The Office referred the case to the Attorney General’s Office.
Results of Pension Fraud Investigations, February 2012
The Inspector General's Office (OIG) has committed substantial resources to uncover and eliminate pension fraud within the Commonwealth, working with other law enforcement agencies including the United States Attorney's Office, the Federal Bureau of Investigation and the Boston Police Department. The results of these combined investigative and prosecutorial efforts are both noteworthy and significant.
- The OIG's investigation of Charles Bradshaw Lincoln (Lincoln) became a catalyst for pension reform in the Commonwealth. Lincoln was a former Lieutenant for the City of Brockton Police Department. During Lincoln's last three years of employment at the Brockton Police Department he also served as the Director of Security for the Plymouth County House of Correction. During Lincoln's last three years of employment, he inflated his pension by abusing his sick leave in order to hold two full-time public safety positions. Lincoln was employed by Plymouth County for only three years and his contribution to its retirement system was minimal. Notwithstanding his marginal participation, he receives approximately $63,000 annually from that system for the rest of his life. By contrast, Lincoln was required to work almost thirty two years in the Brockton retirement system to qualify for an annual pension of approximately $76,000.
- Lincoln's pension assessment from Plymouth County is approximately 83% of the Brockton assessment, despite his minimal involvement in the County system. During Lincoln's last three years of employment, he used 222 days of sick leave at the Brockton Police Department. On 148 of those days, while claiming to be sick for his police shift, he put in a full day at the Plymouth County Sheriff's Department.
- In June 2009, the Massachusetts Legislature amended M.G.L. c.32, §5 (Retirement Systems And Pensions - Superannuation Retirement), by adding a new subsection [i.e. §5(e)]. This new subsection of the law was designed by the Legislature to prevent pension abuse similar to that found in the Lincoln case from occurring in the future.
- After the Boston Globe reported widespread pension abuse in the Boston Fire Department in 2008, the OIG joined an investigation with the United State Attorney's Office, the Federal Bureau of Investigation and Boston Police Department. As a result of the investigation two firefighters were indicted by a Federal Grand Jury in October of 2009.
- During the investigation of the Boston Fire Department accidental disability pension matter, the Massachusetts Legislature amended M.G.L. c.32, §7 and inserted new language which abolished the so called "king for a day" rule.3 Presently, it is unlawful for a subordinate to take his superior's place temporarily, sustain injury, and seek a disability based on his superior's higher salary.
Cognos Case Summary, February 2012
The Massachusetts Office of the Inspector General (OIG) had an instrumental role in the investigation that resulted in the prosecution and conviction of former Speaker of the House Salvatore F. DiMasi and lobbyist Richard McDonough in 2011. Staff of the Inspector General's office initiated the case, which began in mid-October 2007 with an inquiry into the faulty procurement of $13 million in software from the firm Cognos. The case ended in September 2011 with the sentencing of DiMasi and McDonough to federal prison for eight and seven years respectively.
The OIG investigated two contract awards - a $4.5 million software purchase by the Department of Education in 2006 and a $13 million purchase of performance management software by the state, funded by a March 2007 emergency bond bill. Several elements of the Cognos case that played a prominent role at DiMasi's trial were first uncovered by the Inspector General's staff. For example, the OIG established that:
- Cognos had paid DiMasi's law associate, Steven J. Topazio, $125,000 beginning in April 2005 and ending in March 2007, immediately after the bond bill was approved;
- Topazio performed no work in exchange for the $125,000;
- The language directing the state to buy performance management software was inserted in the bond bill at DiMasi's request.
OIG Investigation of Kickbacks Leads to Indictment
A joint investigation between this Office and several federal agencies, led to the indictment of Charles Feeney of North Billerica for soliciting, demanding, and accepting kickbacks. Feeney allegedly awarded a general contract to renovate a building for the Walnut Street Center to a contractor with the stipulation that a subcontract for electric work would be awarded to his company. In total, the indictment alleges that Feeney received more than $180,000 from the contractor. If convicted, he faces up to 10 years imprisonment, to be followed by up to three years of supervised release and a $250,000 fine on each count.
OIG Investigation of Chapter 40B Leads to Millions in Cost Recovery for Massachusetts Towns
Following investigations into Chapter 40B affordable housing developments, four towns have negotiated settlements for monies owed to them by developers under the profit limits set by the law. The Town of Berkley received a settlement of $275,000. In an agreement between the Town of Acton and Crossroads Development LLC, the developer will do work for the Town in lieu of paying the $750,000 owed to the Town. Additionally, the Town of Wakefield received a $500,000 settlement and the City of Braintree received a settlement of $2.3 million.
OIG Investigation of Municipal Employees Leads to Prison Sentences
As a result of an investigation by this Office, two employees of the Haverhill Highway Department—James and Kevin Flaherty—were convicted of larceny and other charges in connection with a scheme to use city personnel, material, and equipment on private contracting jobs. James Flaherty pled guilty and was sentenced to two years in jail and to pay what he owes in unpaid taxes. His son, Kevin, was also sentenced to two years in jail and forced to pay restitution and do 200 hours of community service.
An investigation by this Office and the Essex County District Attorney’s Office led to a guilty plea by former Methuen School Department Business Manager Joseph Salvo to embezzlement by a municipal officer of municipal property and larceny over $250.00. He used school credit cards to purchase items for personal use. He was sentenced to six months imprisonment.
Haverhill Retirement Board Decision Regarding an Employee's Pension Upheld after a Massachusetts Office of the Inspector General, Massachusetts State Police and Massachusetts Attorney General's Office Joint Investigation, July 2011
OIG Investigation of Illegal Sewer Connection Leads to Fine
The Office investigated claims that a former Lowell City Councilman illegally connected a building he was developing in Chelmsford to the Lowell Sewer. After investigating, the Office concluded that the sewer line was not authorized/approved by the City of Lowell, was not connected in accordance with the City of Lowell’s Code of Ordinances: §§ 272-30 to 33, and was done in furtherance of a scheme by former City Councilman Alan Kazanjian to keep construction costs at a minimum while defrauding the City of Lowell and Town of Chelmsford rate payers.
After this Office investigated and issued a letter, the Councilman agreed to pay the City the $3,149 sewer connection fee and a fine of $15,000.
OIG Investigation of Bid-Rigging Leads to Prison Sentence
Following an investigation by this office, Methuen contractor Christopher Medungo was sentenced to one year imprisonment and 200 hours of community service for 12 counts of bid-rigging. It is estimated that he received approximately $95,545.00 as a result of manufactured contracts.