Case 1:13-cr-10258-DJC Document 167 Filed 10/15/15 Page 1 of 5

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

o~
- en

(/)

-'-

UNITED STATES OF AMERICA

v.
(1) MARSHALL H. DIaN,
Defendant.

)

)

)
)
)
)
)
)

)
)
)
)
)
)
)
)
)
)
)


.

----10
::cJ -­
(.)

Criminal No. 13-CR-I0258-DJC(~) ::'
Violations:

21 U.S.C. §846 - Conspiracy to Possess':"":>
With Intent to Distribute and toDistributg'
Marijuana
21 U.S.C. §841 - Possession with Intent to
Distribute Marijuana
18 U.S.C. §1956(a)(1)(B)(i) - Laundering of
Monetary Instruments
21 U.S.C. §853
Drug Forfeiture Allegation
18 U.S.C. § 982(a)(I)
Money Laundering Forfeiture Allegation

(21 U.S.C. §846 - Conspiracy To Possess With Intent To Distribute and to
Distribute Marijuana)

The United States Attorney charges that:
Beginning in or about January 1995, and continuing through on or about June 18,2013, at
North Reading, Saugus, Revere, Chelsea and elsewhere in the District of Massachusetts, and
elsewhere,
(1) MARSHALL H. DION,

defendant herein, did knowingly and intentionally combine, conspire, confederate, and agree with
other persons known and unknown to possess with intent to distribute and to distribute marijuana,
a Schedule I controlled substance, in violation of21 U.S.C. §841(a)(l).
All in violation of21 U.S.C. §846.

(")

?:2:!

• r­
.. )

SUPERSEDING INFORMATION
COUNT ONE:

,­

,'1
~

,0

.)

•. j

 Case 1:13-cr-10258-DJC Document 167 Filed 10/15/15 Page 2 of 5

COUNT TWO:

(21 U.S.C. §841(a)(l) - Possession with Intent to Distribute Marijuana)

The United States Attorney further charges that:
On or about July 2, 2013 in North Reading and Saugus, and elsewhere in the District of
Massachusetts,
(1) MARSHALL H. DION,

defendant herein, did knowingly and intentionally possess with intent to distribute marijuana, a
Schedule 1 controlled substance.
All in violation of 21 U.S.C. §841(a)(l).

2


 Case 1:13-cr-10258-DJC Document 167 Filed 10/15/15 Page 3 of 5

COUNT THREE:

(18 U.S.C. §1956(a)(l)(B)(i) - Laundering of Monetary Instruments)

The United States Attorney further charges that:
On or about August 29, 2012, in the District of Massachusetts and the District of Arizona,
and elsewhere,

(1) MARSHALL H. DION,
defendant herein, did knowingly conduct a financial transaction affecting interstate and foreign
commerce, to wit, the purchase of real property located at 1439-1441 East Prospect Lane, Tucson,
Arizona, which involved the proceeds of a specified unlawful activity, that is, narcotics trafficking,
knowing that the transaction was designed in whole and in part to conceal and disguise the nature,
location, source, ownership, and control of the proceeds of said specified unlawful activity, and
knowing that the property involved in the financial transaction represented the proceeds of some
form of unlawful activity.
All in violation of 18 U.S.C. §1956(a)(l)(B)(i).

3


 Case 1:13-cr-10258-DJC Document 167 Filed 10/15/15 Page 4 of 5

DRUG FORFEITURE ALLEGATION
(21 U.S.C. §853)
The United States Attorney further charges that:
1. Upon conviction of the offenses alleged in Counts One and Two of this Superseding
Information,

(1) MARSHALL H. DION,
defendant herein, shall forfeit to the United States, pursuant to 21 U.S.C. §853, any property
constituting, or derived from, any proceeds the defendant obtained, directly or indirectly, as a
result of such offense, and any property used or intended to be used, in any manner or part, to
commit, or to facilitate the commission of, such violation.
2. Ifany of the property described in paragraph 1, above, as a result of any act or omission
of the defendant ­
(a) cannot be located upon the exercise of due diligence;
(b) has been transferred or sold to, or deposited with, a third party;
(c) has been placed beyond the jurisdiction of the Court;
(d) has been substantially diminished in value; or
(e) has been commingled with other property which cannot be subdivided without
difficu Ity;
it is the intention of the United States, pursuant to 21 U.S.C. §853(p), to seek forfeiture of any
other property of the defendant up to the value of the property described in paragraph 1.
All pursuant to 21 U.S.C. §853.

4


 Case 1:13-cr-10258-DJC Document 167 Filed 10/15/15 Page 5 of 5

MONEY LAUNDERING FORFEITURE ALLEGATION
(18 U.S.C. §982(a)(1))
The United States Attorney further charges that:
1.

Upon conviction of the offense in violation of 18 U.S.C. §1956 charged in Count

Three of this Information, the defendant,
(1) MARSHALL H. DION,
shall forfeit to the United States, pursuant to 18 U.S.C. §982(a)(l), any property, real or personal,
involved in such offense, and any property traceable to such property.
2.

Ifany of the property described in Paragraph 1, as a result of any act or omission of

the defendant -­
a) cannot be located upon the exercise of due diligence;
b) has been transferred or sold to, or deposited with, a third party;
c) has been placed beyond the jurisdiction of this Court;
d) has been substantially diminished in value; or
e) has been commingled with other property which cannot be divided without
difficulty;
it is the intention of the United States, pursuant to 18 U.S.c. §982(b), incorporating 21 U.S.C.
§853(p), to seek forfeiture of all other property of the defendant up to the value of the property
described in Paragraph 1 above.
All pursuant to 18 U.S.C. §982(a)(l).

CARMEN M. ORTIZ

United States Attorney

By:

/s/ Leah B. Foley

LEAH B. FOLEY

Assistant U.S. Attorney


5