OIG Bulletin, June 2021: Recent OIG Investigations

The Office of the Inspector General (OIG) conducts investigations and reviews to prevent, detect and address public waste, fraud and abuse at the municipal and state level.

Table of Contents

Former State Troopers Return $110,000 to the Commonwealth for Unworked Overtime

Two former Massachusetts State Police (MSP) troopers agreed to pay a combined total of $110,000 they received for overtime that they allegedly did not work, Attorney General Maura Healey and Inspector General Glenn A. Cunha announced.

Kevin O’Brien and Robert Freniere were members of the MSP’s now-disbanded Troop E, which patrolled the Massachusetts Turnpike. In consent judgments filed in Suffolk Superior Court on April 14, 2021, attorneys for Attorney General Healey and Inspector General Cunha allege that the former troopers submitted time cards between 2015 and 2017 for overtime they did not work. These allegations arose out of an MSP investigation of overtime abuse within Troop E, which found that multiple members reported working overtime hours they in actuality did not. The purpose of the overtime shifts was to reduce accidents, crashes and injuries on state highways. This work required troopers to be highly visible and on patrol, targeting aggressive and speeding drivers.

The Commonwealth’s complaint alleges that Trooper O’Brien submitted time cards for over 1,000 hours of patrols across 480 shifts when he was supposed to be working, but, in fact, was not. In accordance with a consent judgment filed in Suffolk Superior Court, he paid $80,000 to the Commonwealth.

According to the allegations in the complaint, Trooper Freniere submitted time cards for over 360 hours across 136 shifts when he was supposed to be working, but, in fact, was not. In accordance with a consent judgment filed in Suffolk Superior Court, he paid $30,000 to the Commonwealth.

The OIG’s Civil Recovery Unit handled this case, with assistance from the OIG’s Division of Police Oversight and Attorney General Healey’s False Claims Division.

The AGO’s False Claims Division was created by Attorney General Healey in 2015 to safeguard public funds by enforcing high standards of integrity against companies and individuals that make false statements to obtain government contracts or funds. Anyone with information about suspected fraud or abuse relating to state or municipal contracts or funds is urged to contact the False Claims Division’s tip line at (617) 963-2600.

The OIG’s Civil Recovery Unit pursues civil actions to recover funds lost due to fraud, false claims and other wrongful conduct. It works closely with the AGO and the OIG’s other investigative units as well as other state agencies and local governments. The OIG operates a hotline for reporting fraud involving public funds or property at (800) 322-1323 or IGO-FightFraud@mass.gov.

The OIG hotline received 248 allegations per month in 2020.

Bridge Contractor to Pay $700,000 to Settle Allegations of Overbilling

NEL Corporation (NEL), a Middleton-based bridge repair and maintenance contractor, has agreed to pay $700,000 to resolve allegations that it knowingly overbilled the Massachusetts Department of Transportation (MassDOT) to repair and maintain bridges throughout Greater Boston, the South Shore, and the Cape and Islands. The terms are included in an Assurance of Discontinuance reached with Attorney General Maura Healey and Inspector General Glenn A. Cunha, which was filed in Suffolk Superior Court on March 16, 2021.

An investigation by the OIG’s Internal Special Audit Unit for MassDOT (ISAU) and Civil Recovery Unit (CRU) found that NEL continually overbilled MassDOT under contracts for bridge repair and maintenance. The contracts included items that NEL was required to provide, including certain tools and equipment, personal protective equipment, sanitary facilities and other items. Instead, NEL knowingly charged MassDOT for these items, resulting in a windfall for NEL.

The ISAU and CRU worked with Attorney General Healey’s False Claims Division on the settlement. The OIG also received assistance from MassDOT’s Highway Division and Office of General Counsel during its investigation.

As part of this settlement, NEL agreed to implement measures to prevent future overbilling, including designating a contract manager to ensure that the company only bills MassDOT for work, supplies and equipment allowed under the contract. In addition, NEL must hire an outside auditor to annually review NEL’s billing on all open MassDOT contracts. These measures will remain in effect for five years.

Former Accountant for Multiple Towns Faces New Charges for Allegedly Stealing More Than $200,000

On March 25, 2021, a statewide grand jury indicted the former accountant of Uxbridge and Wenham for allegedly embezzling more than $200,000. This is the second indictment against the former accountant, Justin Cole.

According to the new indictments, Justin Cole allegedly stole more than $201,617 from the towns of Uxbridge and Wenham between March 2014 and February 2017. Mr. Cole was previously indicted in July 2020 for allegedly stealing $729,000, bringing the total amount allegedly stolen to over $930,000. The additional charges are one count of larceny over $250 and one count of presentation of a false claim. The charges resulted from a continuation of the investigation conducted jointly by the Massachusetts Office of the Inspector General and the Massachusetts Attorney General’s Office.

Mr. Cole worked as the town accountant for the town of Uxbridge and provided contracted accounting services to the town of Wenham through his company, Baystate Municipal Accounting Group. In the latest indictment, Mr. Cole allegedly diverted the towns’ funds to a company that he operated by submitting false invoices for services that were never provided.

Former Marblehead METCO Director to Pay Restitution

On March 22, 2021, Francois Fils-Aime, a former director of the Marblehead METCO program, admitted to sufficient facts for a guilty finding on larceny charges for stealing money intended to benefit students.

METCO is a voluntary school integration program that enrolls Boston students entering kindergarten through grade 10 in high-performing public schools in the suburbs to reduce racial isolation.

Mr. Fils-Aime admitted to using a bank account referred to as “The Marblehead METCO Sunshine Fund” for his personal expenses, including restaurant meals. The account was funded by METCO parents’ yearly dues, as well as by donations from individuals and organizations.

Mr. Fils-Aime received a year of unsupervised probation and 100 hours of community service. He must also pay $10,000 in restitution to the Marblehead Public Schools. The case was continued without a finding subject to Mr. Fils-Aime successfully completing his probation.

An Essex County grand jury indicted Mr. Fils-Aime in 2019 based on a joint investigation by the OIG and the Essex County District Attorney’s Office.

Former Employee of a DDS Group Home Ordered to Serve Probation and Pay Restitution

A former employee of a Department of Developmental Services (DDS) group home has admitted to larceny and false claims in relation to a time fraud scheme and was ordered to pay $11,500 in restitution.

Katelynn Sullivan, of Lowell, was prosecuted by the Attorney General’s office, based on an investigation by the OIG, with assistance from DDS. A complainant contacted the OIG’s fraud hotline to report concerns about the overtime fraud.

On February 5, 2020, a Superior Court judge continued the case without a finding and sentenced Sullivan to three years of probation. On February 23, 2021, another Superior Court judge ordered her to pay $11,500 of restitution in monthly increments of $500 throughout the probationary period. If Ms. Sullivan pays the restitution and completes the probationary period, the indictments will be dismissed.

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Date published: June 9, 2021
Last updated: June 9, 2021

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