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Gifts and Gratuities Enforcement Matters (G.L. c. 268A, § 3)

G.L. c. 268A, § 3
  1. Ackerley Communications of Massachusetts, Inc. Docket No. 406
    Ackerley Communications of Massachusetts, Inc., fined $500 for illegally giving five Boston Bruins skybox tickets to a state representative.

  2. Associated Industries of Massachusetts Docket No. 548
    Associated Industries of Massachusetts violated section 3 by providing illegal gratuities to legislators.

  3. Antonelli, Sr., Rocco J. Docket No. 148
    Treasurer of Middlesex County found to have violated G.L. c. 268A, s. 23(e) for his dealings with the Capitol Bank, U.S. Trust and Suffolk Franklin Bank.

  4. Barnes, James Docket No. 685
    James Barnes fined $2,000 for offering an illegal gratuity to a state Division of Occupational Safety employee.

  5. Bauer, Wolfgang Docket No. 538
    Franklin Town Administrator Wolfgang Bauer accepted reduced apartment rental from developers Patrick Marguerite and Francis Molla.

  6. Berlucchi, Stephen Docket No. 502
    A state employee found to have violated G.L. c. 268A, section 3(b) for accepting food, drinks, entertainment and overnight hotel accommodations from a private company.

  7. Besso, Donald Docket No. 669
    Ethics Commission finds that Wareham resident Donald Besso did not provide an illegal gratuity to Wareham Zoning Board of Appeals member David Boucher when Besso provided a $100 gift certificate to Boucher.

  8. Boyle, James Public Education Letter
    A school committee member found to have violated G.L. c. 268A, section 3 by accepting free travel from a private company that the city subsequently entered into a contract with.

  9. Bump, Suzanne M. Docket No. 485
    State Representative Suzanne Bump violated section 3(b) for accepting dinner and theater tickets for herself and her husband from a private business.

  10. Burke, John P. Public Education Letter
    A state senator found to have violated G.L. c. 268A, section 3 for receiving a rifle from a private business.

  11. Burke, Jr., William A. Docket No. 282
    An employee of the Department of Revenue violates sections 4(a) and 4(c) of Chapter 268A by serving on a local Board of Assessors. Sections 4(a) and 4(c) prohibit a state employee from receiving compensation from or acting as agent or attorney for anyone other than the state in relation to matters of direct and substantial interest to the state. No sanctions or penalties were imposed in this case because the employee resigned from the Board of Assessors.

  12. Byrne, James Docket No. 05-0006
    Construction Monitoring Services, Inc. owner James Byrne fined $2,000 for offering a ski trip to an Old Rochester Regional School District employee who oversaw Byrne's work in connection with a school construction project.

  13. Calo, Robert Docket No. 504
    A state employee found to have violated G.L. c. 268A, section 3(b) for accepting food, drinks, entertainment and overnight hotel accommodations from a private company.

  14. Cass, William F. Docket No. 489
    State Representative William Cass violated section 3(b) for accepting gratuities. Section 3(b) prohibits public employees, including state legislators, from accepting anything worth more than $50 which is given to them "for or because of official act ... performed or to be performed" by such employees.

  15. Cataldo, Robert Docket No. 550
    Business consultant Robert Cataldo provided illegal gratuities to a legislator

  16. The Choate Group Docket No. 549
    The Choate Group provided illegal gratuities to legislators.

  17. Connery, James F. Docket No. 285
    An employee of the Department of Revenue violates section 4(a) and 4(c) of Chapter 268A by serving on a local Board of Assessors. Sections 4(a) and 4(c) prohibit a state employee from receiving compensation from or acting as agent or attorney for anyone other than the state in relation to matters of direct and substantial interest to the state. No sanctions or penalties were imposed in this case because the employee resigned from the Board of Assessors.

  18. Corso, Carol Public Enforcement Letter 90-5
    Haverhill Council on Aging Director Carol Corso may have violated the conflict of interest law by accepting discounted familiarization trips from travel agencies working with the COA.

  19. Cox, John F. Docket No. 493
    A state representative found to have violated G.L. c. 268A, section 3(b) and section 23(b)(3) for accepting gratuities and accepting a dinner for himself and his wife from lobbyists. Section 3(b) prohibits public employees, including state legislators, from accepting anything worth more than $50 which is given to them "for or because of official act ... performed or to be performed" by such employees.

  20. Deleire, John A. Docket No. 289
    In separate disposition agreements with John DeLeire, James Connery and Adam DiPasquale, three fire and police officials from Revere, and Ogden Suffolk Downs, Inc. and Northeast Theater Corporation, two corporations conducting business in Revere, the Commission ended long-standing employment arrangements that violate the conflict of interest law. According to the disposition agreements, the police and fire chiefs violated the conflict of interest law inasmuch as they were employed and paid by the private corporations to perform functions that fell within their official municipal responsibility and for which they were already paid through receipt of their government salaries.

  21. Dunnet, John Docket No. 12-0009
    Former CBE Holding, LLC salesman violated section 3(a) by paying a state employee from his own personal bank account in an attempt to influence a contract decision in his favor.

  22. Ruberto, James M. and Duquette, Daniel Docket No. 08-0014
    The Commission concluded that Pittsfield Mayor James M. Ruberto and Daniel Duquette each violated G.L. c. 268A, the conflict of interest law, in connection with Duquette's sale of 2004 World Series tickets to Ruberto.

  23. Emilio, Frank A. Docket No. 486
    A state representative was found to have violated G.L. c. 268A, section 3(b) for accepting gratuities.

  24. EUA Cogenex Docket No. 453
    An emergency management company found to have violated G.L. c. 268A, section 3 by offering and providing entertainment to public officials in an effort to engender good will.

  25. Fitzgerald, Kevin Public Education Letter 92-1
    The Commission finds reasonable cause to believe that State Representative Kevin Fitzgerald and his administrative assistant, Patricia McDermott, violated the state's Conflict of Interest Law by inheriting nearly $400,000 from so-called "bag lady" Mary Guzelian, who had received services through Fitzgerald's office.

  26. Flaherty, Charles Docket No. 397
    Speaker of the House cited for violating section 3 for accepting a gift of Boston Celtics box-seat tickets from an advertising company whose operations could be affected by pending legislature. 

  27. Flaherty, Charles Docket No. 547
    Representative Charles Flaherty, House Speaker, accepted illegal gratuities from persons with interests in legislation in violation of section 3.

  28. Flanagan, James Docket No. 518
    Turnpike Authority employee James Flanagan accepted free entertainment and hotel accommodations from Turnpike Authority vendor Middlesex Paving Company, and failed to disclose the purchase of a used car from construction company, Petruzzi and Forrester, another Turnpike Authority vendor.

  29. Flynn, Peter Y. Docket No. 422
    Plymouth County Sheriff Peter Y. Flynn fined $2,000 and ordered to pay $1,249.13 in restitution to a corporation formed to support his civil process-serving deputies after using a "company" credit card on personal expenses.

  30. Goldman, Sachs & Co. Docket No. 564
    Goldman, Sachs & Co. was fined $3,500 for providing illegal gratuities to Deputy Treasurer Steven Kaseta and Health and Education Facilities Authority Executive Director Edward Murphy.

  31. Hatem, Ellis John Docket No. 187
    The Director of Support Services at a state school violated section 3 of the conflict of interest law by accepting a trip to the Winter Olympics for himself and his family from an individual whose products he purchased for the school.

  32. Hebert, Raymond Docket No. 499
    Norton Building Inspector Raymond Hebert violated sections 3(b) and 23(b)(3) by receiving free construction services, a builder's discount on appliances and for acting in matters involving the builders who were constructing his home, without making appropriate disclosures.

  33. Hermenau, Arthur Docket No. 409
    Pembroke Highway Surveyor Arthur Hermenau violated section 3(b) by soliciting discounted driveway paving services from a private business.

  34. Hilson, Arthur L. Docket No. 451
    UMass-Amherst Director of Public Safety Arthur L. Hilson violated sections 3 and 23 by soliciting a no-interest loan from one of his employees and failing to fully repay it. Hilson paid a $4,000 civil penalty and forfeited $1,000 he received as an improper gift in connection with this matter.

  35. Honan, Kevin Docket No. 494
    A state representative found to have violated G.L. c. 268A, section 3(b) and section 23(b)(3) for accepting gratuities and accepting a dinner for himself and a guest from lobbyists.

  36. Howarth, Robert Docket No. 487
    State Representative Robert Howarth violated G.L. c. 268A, section 3(b) for accepting gratuities.

  37. Iannaco, Ronald Docket No. 505
    A state employee found to have violated G.L. c. 268A, section 3(b) for accepting food, drinks, entertainment and overnight hotel accommodations from a private company.

  38. John Hancock Mutual Life Insurance Co. Docket 482
    A private business found to have violated G.L. c. 268A, section 3(a) for providing more than $30,000 in illegal gratuities to state legislators.

  39. Jordan, Patrick F. Docket No. 190
    Stoneham Selectman Patrick Jordan violated section 3(b) of the conflict law by accepting items of substantial value given to him because of his official duties.

  40. Jovanovic, Michael Docket No. 625
    The Commission issued a Decision and Order concluding that Quincy resident Michael Jovanovic violated the state's conflict law by offering a bribe to a Department of Medical Assistance employee who was about to deny Jovanovic's application for financial assistance for his brother who was in a nursing home.

  41. Kaseta, Steven J. Docket No. 565
    Deputy Treasurer Steven Kaseta fined $1,500 for accepting illegal gratuities from Goldman, Sachs & Co.

  42. Keating, P. J. Docket No. 455
    A private asphalt manufacturing company found to have violated G.L. c. 268A, section 3 by providing free paving of a municipal employee's driveway.

  43. Kincus, David Public Enforcement Letter 90-3
    Holbrook Firefighter David F. Kincus may have violated the conflict of interest law by accepting an all-expenses-paid trip to Florida to inspect a fire truck being built for the town.

  44. LaFrankie, Robert Public Education Letter
    Pittsfield Schools Superintendent Robert LaFrankie violated section 3 by accepting free travel from a private company with which the city subsequently entered into a contract.

  45. LIAM Docket No. 528
    Life Insurance Association of Massachusetts fined $4,000 for providing illegal gratuities to public officials. (This case supercedes previous LIAM.)

  46. LIAM, Inc. Docket No. 528
    Life Insurance Association of Massachusetts fine $13,500 for providing illegal gratuities to Massachusetts legislators and officials and one former legislator. (This case was appealed and is superceded by other LIAM.)

  47. Logan, Louis L. Docket No. 131
    Certified Public Accountant who provided private accounting services and was also employed by the Mass. Science & Technology Foundation was found to have violated G.L. c. 268A, sections 3(b), 4(a), 23(e) and (f), and G.L. c. 268B, section 7.

  48. Magliano, Francis M. Docket No. 312
    Brockton Building Superintendent Francis Magliano admitted to violating the 'gift' prohibition of the conflict of interest law.

  49. Maglione, Joseph Docket No. 07-0039
    The Commission concluded that the allegations were not proven by a preponderance of the evidence.

  50. Mahoney, Eugene J. Docket No. 193
    Former Braintree Board of Assessors member violated the conflict law by improperly lowering the assessment on property in which he and his family had a financial interest.

  51. Mara, Francis G. Docket No. 492
    A state representative found to have violated G.L. c. 268A, section 3(b) and section 23(b)(3) by accepting gratuities and a dinner for himself and his wife from lobbyists.

  52. Marble, William Public Education Letter 90-2
    Holbrook Fire Chief William Marble may have violated the conflict of interest law by accepting a trip to Florida, paid for by a private company, to inspect a fire truck while it was being built.

  53. Marguerite, Patrick Docket No. 539
    Developer Patrick Marguerite provided an apartment at a reduced rent to Franklin Town Administrator Wolfgang Bauer.

  54. Mass Candy Docket No. 454
    Mass. Candy and Tobacco Distributors violated section 3 by providing free entertainment to legislators in an effort to engender good will.

  55. Mass Medical Society Docket No. 537
    A private company found to have violated G.L. c. 268A, section 3(a) by providing approximately $15,000 in illegal gratuities to state legislators.

  56. McDermott, Patricia, Public Enforcement Letter 92-2
    The Commission found reasonable cause to believe that State Representative Kevin Fitzgerald and his administrative assistant, Patricia McDermott, violated the state's Conflict of Interest Law by inheriting nearly $400,000 from Mary Guzelian, who had received services through Fitzgerald's office.

  57. Menard, Joan Docket No. 496
    A state representative found to have violated G.L. c. 268A, §3(b) for accepting gratuities.

  58. Michael, George A. Docket No. 137
    Dept. of Public Health employee violated sections 3(b), 6, 23(d), (e) and (f)  of the conflict of interest law, G.L. c. 268A, and section 7 of the financial disclosure law, G.L. c. 268B.

  59. Middlesex Paving Corporation Docket No. 500
    A private paving company found to have violated G.L. c. 268A, section 3(a) for entertainment of the state employees, whose official responsibility included overseeing the company's state contracts.

  60. Mihos, James C. Docket No. 312
    Brockton resident James Mihos admitted to violating the 'gift' prohibition of the conflict of interest law.

  61. Molla, Francis Docket No. 540
    Developer Francis Molla provided reduced rent apartment to the Franklin Town Administrator.

  62. Moore, Brian Docket No. 06-0025
    Brian Moore, the owner of Kappy's Liquors in Springfield, was fined $10,000 for giving gift certificates to Springfield License Commission members.

  63. Morin, Peter B. Docket No. 488
    State Representative Peter Morin violated G.L. c. 268A, section 3(b) by accepting gratuities.

  64. Murphy, Edward M. Public Education Letter
    Health and Education Facilities Executive Director Edward M. Murphy issued a Public Enforcement Letter for accepting illegal gratuities from Goldman, Sachs & Co.

  65. Murphy, Michael Docket No. 456
    Winchendon DPW Superintendent violated section 3 by receiving free paving of his driveway from a private asphalt manufacturer.

  66. Muzik, Robert Docket No. 580
    Muzik Limousine and Sedan Service owner Robert Muzik fined $500 for giving illegal gratuities to Steamship Authority employees.

  67. New England Mutual Life Insurance Co. Docket No. 498
    A private insurance company found to have violated G.L. c. 268A, sections 3(a) for illegally entertaining and providing gratuities to state legislators.

  68. Nickinello, Louis Docket No. 398
    An advertising executive is fined $500 for violating the conflict of interest law by offering free skybox tickets for a Boston Bruins game to a state representative as the House considered stricter outdoor advertising regulations.

  69. Nolan, Thomas H. Docket No. 361
    A mayor found to have violated G.L. c. 268A, section 2 and section 3 for allegedly offering not to schedule a fire captains' promotional exam in exchange for the support of ten firefighters in his re-election campaign.

  70. Ogden Suffolk Downs, Inc. Docket No. 288
    Ogden Suffolk Downs, Inc. paid $2,000 civil penalty for violating section 3 by paying the Revere Fire Chief privately for performing fire watch duties at Suffolk Downs Race Track.

  71. O'Toole, Edward Docket No. 501
    A state employee found to have violated G.L. c. 268A, section 3(b) for accepting food, drinks, entertainment and overnight hotel accommodations from a private company.

  72. Palumbo, Elizabeth Docket No. 399
    The public relations director of an advertising corporation fined for giving free Boston Celtics tickets to the Speaker of the House of Representatives while legislation came before the House pertaining to the corporation's business.  The gift constituted a violation of the conflict of interest law's gifts and gratuities section. 

  73. Pavlidakes, Joyce Public Enforcement Letter 90-6
    Joyce Pavlidakes, volunteer coordinator of the Haverhill Council on Aging, may have violated the conflict of interest law by accepting a discounted trip from a travel agency hoping to do business with the COA.

  74. Petruzzi & Forrester Inc., Docket No. 519
    East Brookfield construction company Petruzzi and Forrester, a Turnpike Authority vendor, did not violate G.L. c. 268A by transferring ownership of a used car to Turnpike Authority employee James Flanagan.

  75. Pitaro, Carl D. Docket No. 312
    Brockton Mayor Carl Pitaro admitted to violating the "gift" prohibition of the conflict of interest law.

  76. Poirier, Kevin Docket No. 490
    A state representative found to have violated G.L. c. 268A, section 3(b) for accepting gratuities.

  77. Ramirez, Angel Public Education Letter
    A school committee member found to have violated G.L. c. 268A, section 3 by accepting free travel from a private company that the city subsequently entered into a contract with.

  78. Risser, Jr., Herbert E. Docket No. 147
    Acting Registrar at the Registry of Vital Records and Statistics Herbert Risser violated section 3 by receiving funds from private organizations in exchange for speeding up the processing of their record requests.

  79. Rockland Trust Co. Docket No. 372
    A bank found to have violated G.L. c. 268A, section 3 for continuing to sponsor a summer cruise for municipal treasurers.

  80. Ruberto, James M. and Duquette, Daniel Docket No. 08-0014
    The Commission concluded that Pittsfield Mayor James M. Ruberto and Daniel Duquette each violated G.L. c. 268A, the conflict of interest law, in connection with Duquette's sale of 2004 World Series tickets to Ruberto.

  81. Salamanca, Anthony Docket No. 503
    A state employee found to have violated G.L. c. 268A, § 3(b) for accepting food, drinks, entertainment and overnight hotel accommodations from a private company.

  82. Sandonato, Francis Docket No. 506
    A state employee found to have violated G.L. c. 268A, § 3(b) for accepting food, drinks, entertainment and overnight hotel accommodations from a private company.

  83. Scaccia, Angelo M. Docket No. 529
    Ethics Commission Decision and Order fining State Representative Angelo Scaccia $3,000 for accepting gratuities from lobbyists with interests in legislative business.

  84. Scott, John F. Docket No. 08-0018
    Property developer, John F. Scott, found to have violated G. L. c. 268A, section 3(a) by offering something of substantial value to a municipal employee for or because of official acts performed or to be performed by him.

  85. Shay, John Docket No. 445
    A school committee member found to have violated G.L. c. 268A, section 3(b) by receiving a "free" paint job of his apartment by a school department employee.

  86. Smith, Charles Public Education Letter
    A mayor found to have violated G.L. c. 268A, section 3 by accepting free travel from a private company that the city subsequently entered into a contract with.

  87. Spencer, Manuel F. Docket No. 262
    Sewer Inspector with the Town of Barnstable Department of Public Works found to have violated G.L. c. 268A, sections 23(par 2)(2) and (3) in connection with the installation of a new sewer main.

  88. St. Germain, Matthew Docket No. 687
    Berkley septic installer paid two Board of Health members $100 each for signing certificate of compliance, violated sections 2& 3.

  89. Stamps, Leon Docket No. 412
    Former Boston City Auditor Leon Stamps fined $1,500 after attending business conferences that included substantial "frills."

  90. Stanton, William J. Docket No. 440
    A former employee of the speaker of the house found to have violated G.L. c. 268A, section 2 and section 3 by accepting a bribe and several gifts from individuals with whom he had official dealings.

  91. State St. Bank & Trust Co. Docket No. 413
    A bank found to have violated G.L. c. 268A, section 3 by paying for meals, accommodations and entertainment expenses for a former city auditor during at an out-of-state conference.

  92. Stone & Webster Engineering Corp. Docket No. 411
    Boston-based engineering firm Stone & Webster fined $2,000 for hosting educational seminars for public officials that involved substantial "frills." 

  93. Tilcon Massachusetts, Inc. Docket No. 410
    A private business found to have violated G.L. c. 268A, section 3(a) for paving the private driveway of a former highway surveyor and charging him a discounted "town rate" for the work.

  94. Traylor, George Docket No. 534
    A registered legislative agent found to have violated G.L. c. 268A, section 3(a) for giving state legislators entertainment worth $50 or more, which each such legislator had taken or was in a position to take official action on proposed legislation that affected the financial interests of one of his clients.

  95. Municipal Treasurers Public Education Letter
    Five municipal treasurers found to have violated G.L. c. 268A, section 3 when the bank paid for and the treasurers accepted lunches, dinners, theater tickets and golfing expenses.

  96. Trodella, Vito Docket No. 382
    Vito Trodella, a member of the Board of Registration in Veterinary Medicine, fined $500 for requesting and receiving free season passes and premium parking to the Suffolk Downs Racetrack, which employs veterinarians licensed by the board.

  97. US Trust Public Education Letter
    A Boston bank found to have violated G.L. c. 268A, section 3 when the bank paid for and the treasurers accepted lunches, dinners, theater tickets and golfing expenses.

  98. Wallen, Frank, Docket No. 246 and Cardelli, John, Docket No. 247
    Brockton Department of Public Works Commissioner Frank Wallen violated section 23 by accepting $8,500 from Charm Construction Company owner John Cardelli at a time when Charm had contracts and other business dealings with the DPW.  The Decision and Order found no violation of section 3 by either Wallen or Cardelli.

  99. Walsh, Michael P. Docket No. 509
    State Representative Michael Walsh violated G.L. c. 268A, § 3(b) by accepting gratuities from lobbyists.

  100. Walsh, Thomas P. Docket 491
    State Representative Thomas P. Walsh violated G.L. c. 268A, section 3(b) and section 23(b)(3) by accepting gratuities and a dinner for himself and his wife from lobbyists.

  101. Ward, George Docket No. 507
    A state employee found to have violated G.L. c. 268A, § 3(b) for accepting food, drinks, entertainment and overnight hotel accommodations from a private company.

  102. Wilson, Laval Public Education Letter 90-1
    The Commission finds reasonable cause indicating Boston Public Schools Superintendent Laval Wilson accepted a trip to Orlando, Florida, which was paid for by a vendor doing business with the school district. 

  103. Woodward Spring Shop Public Enforcement Letter 90-4
    A former Quincy business may have violated the conflict of interest law by paying for two Holbrook public employees' travel to Florida, where they inspected a fire truck for the town.

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