Case Document 1 Filed 08/20/20 Page 1 of 22

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

 

UNITED STATES OF AMERICA Criminal No.

v. Violations:

l. TIMOTHY TORIGIAN, m: Conspiracy to Commit Theft
2. GERARD Concerning Programs Receiving Federal
3. ROBERT TWITCHELL, Funds
4. HENRY (18 U.S.C. 371)
5. DIANA LOPEZ, 
6. JAMES CARNES, Count Two: Theft Concerning Programs
7. MICHAEL MURPHY, Receiving Federal Funds; Aiding and
8. RONALD NELSON, and Ahetting
9. KENDRA CONWAY (18 U.S.C. 666(a)(1)(A) and 2)

Defendants Forfeiture Allegation:
(18 U.S.C. 981(a)(l)(C) and 28 U.S.C.
2461(c))
INDICTMENT

At times relevant to this Indictment:

General Allegations
The Boston Police Department
1. The Boston Police Department was the police department for the City of
Boston and the oldest police department in the United States. It was the largest police
department in New England and approximately the 20th largest department in the country.
2. The BPD had the authority to enforce the criminal laws of the Commonwealth of

Massachusetts and the local rules and ordinances of the City of Boston.

Case Document 1 Filed 08/20/20 Page 2 of 22

The BPD Received Federal Bene?ts

3. For the calendar years 2016, 2017, and 2018, the BPD received annual bene?ts
from the federal government in excess of $10,000.

4. For example, the United States Department of Transportation is an
agency of the United States that provides hundreds of thousands of dollars in funding on a yearly
basis to law enforcement authorities to bene?t the residents of the United States. DOT provides
funding to assist and enhance enforcement of traf?c regulations on public roadways for the

purpose of increasing public well~being and safety.

5. For the calendar years 2016, 2017, and 2018, the BPD received annual bene?ts
from the DOT in excess of $10,000. DOT provided these funds through numerous federal
grants.

6. The United States Department of Justice is an agency of the United
States that provided hundreds of thousands of dollars in funding on a yearly basis to law

enforcement authorities to bene?t the residents of the United States.

7. For the calendar years 2016, 2017, and 2018, BPD received annual bene?ts from
the DUI in excess of $10,000. DOJ provided these funds through numerous federal grants.
BPD Evidence Warehouse
8. The BPD leases two buildings located at 1555 Hyde Park Avenue which serve as
the BPD Evidence Warehouse (the ??Warehouse?). The Warehouse was used, among other
things, to store seized evidence.
9. Of?cers of the Boston Police Evidence Control Unit were assigned to

the Warehouse and were primarily responsible for, among other things, storing, cataloguing, and

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retrieving the evidence at the Warehouse so it could be used in court proceedings and as
otherwise needed by the BPD.
The Defendants

10. Timothy Tori gian was a Lieutenant in the BPD assigned to the ECU and was in
command of the Warehouse. Torigian supervised the of?cers of the ECU assigned to the
warehouse.

11. Torigian earned $246,405 in taxable income from the City of Boston in 2018;
$205,956 in taxable income from the City of Boston in 2017; and $207,926 in taxable income
from the City of Boston in 2016.

12. Robert Twitchell and Gerard O?Brien were Sergeants in the BPD assigned to the
ECU who also supervised the of?cers of the ECU under the direction of Lt. Torigian.

13. Twitchell earned $191,722 in taxable income ?om the City of Boston in 2018;
$144,665 in taxable income from the City of Boston in 2017; and $109,578 in taxable income
from the City of Boston in 2016.

14. O?Brien earned $177,500 in taxable income from the City of Boston in 2018;
$152,674 in taxable income item the City of Boston in 2017; and $171,241 in taxable income
from the City of Boston in 2016.

15. Henry Doherty, Diana Lopez, James Carnes, Michael Murphy, Ronald NelSon,
and Kendra Conway were police of?cers in the BPD assigned to the ECU.

16. Doherty earned $133,604 in taxable income from the City of Boston in 2018;

$111,812 in taxable income from the City of Boston in 2017; and $99,354 in taxable income

?'om the City of Boston in 2016.

 

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17. Lopez earned $130,795 in taxable income from the City of Boston in 2018;
$128,527 in taxable income from the City of Boston in 2017; and $122,306 in taxable income
from the City of Boston in 2016.

18. Games earned $125,453 in taxable income from the City of Boston in 2018;
$114,973 in taxable income from the City of Boston in 2017; and $99,332 in taxable income
from the City of Boston in 2016.

19. Murphy earned $151,965 in taxable income from the City of Boston in 2018;
$142,876 in taxable income from the City of Boston in 2017; and $120,549 in taxable income
from the City of Boston in 2016.

20. Nelson earned $46,037 in taxable income from the City of Boston in 2018;
$137,596 in taxable income from the City of Boston in 2017; and $130,501 in taxable income
from the City of Boston in 2016.

21. Conway earned $119,600 in taxable income from the City of Boston in 2018;
$132,968 in taxable income from the City of Boston in 2017 and $127,450 in taxable income
from the City of Boston in 2016.

Overtime

22. In addition to their salary for a regular 8?hour work shift, Monday through Friday
from 7:30 am. to 4:00 pm, of?cers of the ECU were able to earn overtime pay equivalent to 1.5
times their regular hourly pay rate, for various overtime assignments.

23. In order to be paid for overtime, of?cers of the ECU were required to ?ll out an
overtime slip. The overtime slip contains entries for, among other things, the of?cer?s name

and identifying information, the type of overtime being performed, the location where the

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overtime was being performed, the date of the overtime, and the hours of the overtime shift. In
addition, each overtime slip required the officers to speci?cally write the number of 
Hours Worked.? The entry for ?actual hours worked? is both bolded and underlined on the
overtime slip. Of?cers had a duty to honestly ?ll out each overtime slip and were required to
sign the form.

24. In order for the of?cers of the ECU to be paid for overtime, the of?cer?s
supervisors were required to sign each overtime slip certifying that the overtime was authorized
and that the of?cer actually worked the hours that the of?cer claimed to have worked.

?Purge? and ?Kiosk? Overtime

25. Beginning by at least May 2016, of?cers of the ECU could earn overtime pay for
a 4-8 pm. overtime shift most commonly referred to as ?purge? overtime. The primary purpose
of this overtime shift was to control and reduce the inventory of the Warehouse. At various
times, the 4-8 pm. overtime shift also included efforts to scan and catalog the inventory of the
Warehouse and dispose of seized narcotics.

26. This 4-8 pm. ?purge? overtime shift frequently involved four or more of?cers of
the ECU at least one supervisor and often three or more of?cers who all worked together
inside the Warehouse.

Beginning by at least May 2016 and continuing through February 2019, ECU
officers could also perform what was referred to as ?kiosk? overtime. This overtime shift was
available approximately once per month on a Saturday, from 6 am. to 2:30 pm. ?Kiosk?
overtime involved two of?cers of the ECU travelling to each district within the city to collect

materials, such as unused prescription drugs, from a ?kiosk? located in each district. These

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materials would then be taken by the two of?cers of the ECU to an incinerator located in Saugus,
and burned.

28. Sometimes, though not always, after completing the trip to the incinerator, the
individuals performing ?kiosk? overtime would return to the Warehouse and ?test? the alarm
systems by arming and disarming the alarm, and deliberately tripping various Warehouse alarms
to ensure proper functioning.

29. The 4-8 pm. ?purge? overtime shift, and the 6 am. to 2:30 pm. ?kiosk? overtime
shifts, were ?hour for hour? overtime, which meant that the overtime was earned in ?fteen
minute increments. To properly earn four hours of overtime for the 4-8 pm. ?purge? overtime
shift, of?cers of the ECU were required to work a minimum of three hours and forty six minutes,
and, to properly earn eight and one half hours of ?kiosk? overtime, the of?cers of the ECU were
required to work a minimum of eight hours and sixteen minutes.

The Warehouse Alarm

30. The Warehouse was extensively alarmed. The alarm system was maintained by
the Boston Municipal Protective Services Department, which provided security for almost all
buildings owned and controlled by the City of Boston (ta, Police Stations, Fire Stations, City

Hall, Schools, Libraries, etc.)

31. Once the Warehouse?s perimeter alarm was set, no one could remain in the
building without triggering the alarm.

32. Data from the alarm system, including when it was set and disarmed on a given
date, was maintained on servers by the Boston Municipal Protective Services Department.

33. From at least May 2016 through February 2019, the alarm records frequently

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showed that the building was closed, locked, and alarmed by 6 pm. or before.
Kiosk Overtime Incinerator Records
34. The incinerator used by the ECU to dispose of the materials collected during

?kiosk? overtime recorded the date and time of the arrival and departure of customers from the

incinerator.

35. The vehicles of customers using the incinerator were weighed at the time that the
vehicles entered and exited the facility.
36. The difference in weight between the time of entry and the time of departure
allowed the company to create an invoice for the amount of material burned.
Overview of the Conspiracy
37. From at least May 2016 through in or about February 2019, the defendants and
co-conspirators known and unknown to the (hand Jury routinely agreed to submit false and

fraudulent overtime slips in which they claimed to have worked a ?ll] ?purge? or ?kiosk?

overtime shift when in fact they did not.

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38. In 2016, for example, the defendants submitted false and fraudulent overtime slips

claiming to have worked a ?ll] four hour ?purge? shift on the following dates, despite the fact

that the Warehouse perimeter alarm was set hours earlier:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date Warehouse Defendants Submitting Orertime Slips
Perimeter Claiming to have Aetu ally Worked 4 hours
Alarm Set GT in the Warehouse from 4:00 p.1n. to
8:00 p.m.
58/16 5:49 p.m. PO Lopez, PO Nelson
- 54/16 5:42 pm. PO Nelson
5I9f16 6:05 pm. P0 Nelson
5f11i'16 5:43 pm. Lt. Torigian
5/12/16 5:56 pm. Lt. Torigian
8f17fl6 6:35 pm. Lt. Torigian, PO Doherty, PO Lopez, PO
Nelson
8/24/16 6:36 pm. Lt. Torigian, PO Lopez, PO Nelson
11/16/16 6:31 p.111. Lt. Torigian, PO Doherty, and PO Lopez
11f23/ 16 3:42 pm. Lt. Torigian
12f21.? 16 6:03 pm. Lt. Torigian, PO Lopez and PO Nelson
12.329! 16 6:21 pm. Lt. Torigian, PO Murphy

 

 

39. In addition, in 2016, for example, the defendants submitted false and fraudulent

overtime slips claiming to have worked a full eight and one half hour ?kiosk? shift on the

following dates:

 

 

 

 

 

 

 

 

Date Time Defendants Defendants Set Defendants Claiming to Have
Departed Perimeter Alarm Actually Worked 8.5 Hours
Incinerator and Left of OT from 6 a.m. to 2:30

Warehouse p.111.

7f2fl6 8:40 am. 9:38 am. Lt. Torigian

9f3l'16 9:00 am. 9:57 am. Lt. Torigian, PO Carnes

128/16 am. 9:44am. Lt. 'l?origian

 

 

Case Document 1 Filed 08/20/20 Page 9 of 22

40. In 2017, for example, the defendants submitted false and fraudulent overtime slips
claiming to have worked a full four hour ?purge? shift on the following dates, despite the fact

that the Warehouse perimeter alarm was set hours earlier:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date Warehouse Defendants Submitting Overtime Slips
Perimeter Claiming to have Worked in the
Alarm Set Warehouse from 4~8 p.m.

218/ 17 6:37 pm. Sgt. Twitehell, PO Carries, PO Doherty, PO
Lopez, PO Nelson

2/1 5! 17 6:36 pm. Lt. '1?origian, O?Brien, PO Doherty, PO
Lopez, PO Nelson

2/21/17 6:04 pm. Sgt. Twitehell, PO Carnes, PO Doherty, PO
Lopez, PO Nelson

2/23/ 17 5:55 pm. Sgt. Twitehell, PO Doherty, PO Lopez, P0
P0 Nelson 

6f19/l 7 6: 12 pm. Sgt. Twitehell, PO Lopez, PO Murphy, PO
Nelson

773117 5:21 pm. Lt. Torigian, Sgt. O?Brien, PO Doherty, PO
Lopez, PO Murphy, PO Nelson

7.119117 6:08 pm. Lt. Torigian, PO Nelson 

7720/ 17 5:57 pm. Sgt. Twitehell, Sgt. O?Brien, PO Doherty, PO
Nelson

7127f 17 5:25 pm. Sgt. Twitehell, Sgt. O?Brien, PO Carnes, PO
Doherty, PO Lopez, PO Nelson

8/3/ 17 5:47 pm. Sgt. Twitehell, PO Carries, PO Doherty, PO

- Murphy

8/3171? 6:15 p.111. Lt. Torigian, Sgt. O?Brien, Sgt. witehell, PO
Carries, PO Doherty

9/7717 6:10 pm. Lt. Torigian, Sgt. O?Brien, Sgt. Twitehell, PO

Carnes, PO Doherty. PO Lopez, PO Nelson

9f14fl 7 5:32 pm. Lt. Torigian, Sgt. 'l?witehell, PO Doherty

10/3117 6:15 pm. Lt. Torigian, O?Brien, Sgt. Twitehell, PO
Doherty. PO Lopez, PO Nelson

10710/17 6:22 pm. Lt. Torigian, Sgt. O?Brien, Sgt. Twitehell, PO
Carnes, PO Nelson

1102/17 5:10 pm. Lt. Torigian, Sgt. O?Brien, PO Carnes, PO
Lopez, PO Murphy

12/21/17 6:14 pm. Lt. Torigian, Sgt. O?Brien, Sgt. 'I?witehell, PO
Conway, PO Doherty, PO Nelson

41. in addition, in 2017, for example, the defendants submitted false and fraudulent

9

Case Document 1 Filed 08/20/20 Page 10 of 22

overtime slips claiming to have worked a full eight and one half hour ?kiosk? shift on the

following dates:

 

 

 

 

 

 

 

 

 

Date Time Defendants Defendants Set Defendants Claiming to Have
Departed Perimeter Alarm Performed ?Kiosk? Overtime
Incinerator and Left from 6 ram. to 2:30 p.m.

Warehouse
3/4/17 8:43 am. 9:36 a.m. Sgt. Twitehell
7/1/17 9:45 am. 10:34 am. Sgt. O?Brien, PO Murphy
10/7/17 3:56 am. None Sgt. O?Brien
11/4/17 10:15 am. 11:27 am. Lt. Torigian

 

42.

 

In 2018, for example, the defendants submitted false and fraudulent overtime slips

claiming to have worked a full four hour ?purge? shift on the following dates, despite the fact

that the Warehouse perimeter alarm was set hours earlier:

 

 

 

 

 

 

Date Warehouse Defendants Submitting Overtime Slips
Perimeter Claiming to have Worked in the
Alarm Set Warehouse from 4?8 p.n1.
1/18/18 6:09 pm. Lt. Torigian, Twitehell, PO Conway, PO
Doherty, P0 Lopez, PO Murphy
2/6/18 6:32 pm. Lt. Torigian, Twitehell, Sgt. O?Brien, PO
Carries, PO Conway, PO Doherty, PO Nelson
3/21/ 18 6:10 pm. Lt. Torigian, Twitehell, Sgt. O?Brien, PO
Carnes, PO Conway, PO Doherty, PO Lopez,
PO Nelson
4/11/18 6:07 pm. Lt. Torigian, Twitehell, PO Doherty, PO
Lopez, PO Nelson
5/17/18 5:57 pm. Lt. Torigian, PO Carnes, PO Conway, PO
Doherty

 

 

 

 

 

10

 

Case Document 1 Filed 08/20/20 Page 11 of 22

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5/29/18 5:31 pm. Lt. Torigian, Sgt. Twitehell, PO O?Brien, PO
Games, and PO Doherty
531/18 6:04 pm. Sgt. O?Brien, PO Dohe?y, PO Lopez
6/26/r 18 6:12 pm. Lt. origian, Sgt. Twitehell, Sgt. O?Brien, PO
Doherty and PO Conway
71'19/18 5:51 pm. Lt. Torigian, Sgt. Twitehell, PO Carnee, PO
Conway, PO Lopez, PO Murphy
7/25f18 6:09 pm. Sgt. Twitehell, Sgt. O?Brien, PO Carnes, PO
Conway, PO Doherty, PO Lopez, PO Murphy
80/ 18 6:01 p.1n. Lt. Torigian, Sgt. Twitehell, Sgt. O?Brien, PO
Carnes, PO Conway, PO Lopez, PO Murphy,
8/ 141?18 6:07r pm. Sgt. Twitehell, PO Carries, PO Conway, PO
Doherty, PO Lopez, PO Murphy
8/15/18 5:46 pm. Sgt. Twitehell, Sgt. O?Brien, PO Conway, PO
Doherty, PO Lopez
8/23! 18 6:06 pm. Lt. Torigian, Sgt. Twitehell, Sgt. O?Brien, PO
PO Conway, PO Doherty, PO Lopez,
PO Murphy 
880/18 5:57 p.111. Lt. Torigian, Sgt. Twitehell, Sgt. O?Brien, PO
Conway, PO Doherty
9/171?18 6:06 pm. Lt. Torigian, Sgt. Twitehell, PO Conway, PO
Doherty
10/1118 5:59 p.111. Lt. Torigian, PO Conway, PO Doherty, PO
Lopez
101?4! 18 5:16 pm. Lt. Torigian, Sgt. Twitehell, Sgt. O?Brien, PO
Carries, PO Conway, PO Lopez, PO Murphy
10l9i'18 5:57!r p.n1. Lt. Torigian, Sgt. Twitchell, Sgt. O?Brien, PO
Carnes, PO Conway, PO Doherty, PO Lopez,
PO Murphy
10/15f18 5:40 pm. Lt. Torigian, Sgt. Twitehell, Sgt. O?Brien, PO
Conway, PO Doherty, PO Lopez, PO Murphy
11/15/18 5:57 p.111. Lt. Torigian, Sgt. O?Brien, PO Carries, PO
Conway, and PO Doherty
1320/18 5:59 pm. Lt. Torigian, Sgt. witchell, PO Conway, PO

Doherty, PO Murphy

 

11

 

Case Document 1 Filed 08/20/20 Page 12 of 22

43.

In addition, in 2018, for example, the defendants submitted false and fraudulent

overtime slips claiming to have worked a full eight and one half hour ?kiosk? shift on the

following dates:

 

 

 

 

 

 

 

 

 

 

 

 

Date Time Defendants Defendants Set Defendants Claiming to Have
Departed Perimeter Alarm Performed ?Kiosk? Overtime
Incinerator and Left from 6 a.m. to 2:30 p.m.

Warehouse

1/6/18 9:50 am. 6:08 am. Sgt. O?Brien, PO Murphy

2/3/18 8:57 am. 9:52 am. Lt. Torigian, PO Doherty

5/5/18 9:21 am. None Sgt. 'l?witohell, PO Murphy
6/2/18 9:37 am. 10:28 am. Lt. Torigian, P0 Murphy

9/1/18 10:14 am. 11:02 am. Lt. Torigian

10/6/18 8:21 am. None Sgt. O?Brien

44. In 2019, for example, the defendants Submitted false and fraudulent overtime slips

claiming to have worked a full four hour ?purge? shift on the following dates, deSpite the fact

that the Warehouse perimeter alarm was set hours earlier:

 

 

 

 

 

 

 

 

 

 

 

 

Date Warehouse Defendants Submitting Overtime Slips
Perimeter Claiming to have Worked in the
Alarm Set Warehouse from 4-8 p.m.
1/3/19 5:54 pm. PO Carries, PO Conway, PO Doherty, P0
Murphy
1/7/ 19 6:08 pm. Lt. Torigian, PO Doherty, PO Murphy
1/14/19 6:14 pm. Lt. Torigian, PO Carnes, P0 Conway, PO
Murphy 
1/16/19 5:45 p.m. Lt. Torigian, PO Conway, PO Lopez
1/24/19 6:12 pm. Lt. Torigian, Sgt. O?Brien, PO Carries, PO
Conway, PO Doherty, PO Lopez, PO Murphy
1/28/19 6:00 pm. Lt. Torigian, Sgt. O?Brien, PO Carnes, PO
Murphy
1/29/19 6:09 pm. Lt. Torigian, Sgt. O?Brien, PO Carnes, PO
Doherty, PO Murphy_
1/30/19 6:10 pm. Lt. Torigian, Sgt. O?Brien, PO Doherty, PO
Lopez, PO Murphy
2/7/ 19 6:15 pm. Lt. Torigian, Sgt. O?Brien, PO Conway, PO
Doherty, and PO Murphy

 

 

l2

 

 

Case Document 1 Filed 08/20/20 Page 13 of 22

45. From at least May 2016 through in or about February 2019, the defendants caused
the BPD to pay in excess of $200,000 in overtime pay to the defendants for overtime hours that

the defendants did not work, as set forth below.

46. From at least May 2016 through in or about February 2019, Torigian received

over $42,931 for overtime hours that he did not work.

47. From at least May 2016 through in or about February 2019, Twitchell received

over $25,644 for overtime hours that he did not work.

48. From at least May 2016 through in or about February 2019, O?Brien received

over $25,930 for overtime hours that he did not work.

49. From at least May 2016 through in or about February 2019, Doherty received

over $25,875 for overtime hours that he did not work.

5 0. From at least May 2016 through in or about February 2019, Lopez received over

$21,048 for overtime hours that she did not work.

51. From at least May 2016 through in or about February 2019, Games received over

$20,106 for overtime hours that he did not work.

52. From at least May 2016 through in or about February 2019, Murphy received over

$16,014 for overtime hours that he did not work.

53. From at least May 2016 through in or about February 2019, Nelson received over

$16,428 for overtime hours that he did not work.

54. From at least May 2016 through in or about February 2019, Conway received

over $16,479 for overtime hours that she did not work.

Obiect and Purpose of the Conspiracy

13

Case Document 1 Filed 08/20/20 Page 14 of 22

55. The object of the conspiracy was the defendants to embezzle funds from BPD,
an agency that received federal funding. The purpose of the conspiracy was for the defendants
to enrich themselves personally by obtaining payment for overtime hours that they did not work.

Manner and Means of the Conspiracy

56. Among the manner and means by which the defendants and coconspirators known
and unknown to the Grand Jury carried out the conspiracy were the following:

a. From at least May 2016 through in or about February 2019, the defendants
routinely left the Warehouse at least one or more hours before the end of the
4-8 pm. overtime shift.

b. From at least May 2016 through in or about February 2019, the defendants
routinely departed several hours prior to the end of the 6 a.rn. to 2:30 pm.
?kiosk? overtime shift.

c. From at least May 2016 through in or about February 2019, desPite leaving
early, the defendants submitted false and fraudulent overtime slips claiming to
have worked the full 4?8 pm. or 6 am. to 2:30 pm. overtime shift.

d. From at least May 2016 through in or about February 2019, defendants
Torigian, O?Brien, and witchell knowingly endorsed the false and fraudulent
overtime slips so that the they and their co-defendants would be paid for

overtime hours that they did not work.

14

Case Document 1 Filed 08/20/20 Page 15 of 22

Overt Acts in Furtherance of the Conspiraev

From at least May 2016 through in or about February 2019, the defendants and

eo-conspirators known and unknown to the Grand Jury, committed and caused to be committed

the following overt acts, among others, in furtherance of the conspiracy:

Timothv Torigiau

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

On or About Overt Act

1 5/111?16 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours

2 98/16 Endorsed a false and fraudulent overtime slip for 8.5 hours
submitted by Games

3 11f23f 16 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours

4 12/21! 16 Endorsed a false and fraudulent overtime slip for 4 hours submitted
by Lopez

5 7/3/17 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours

6 11f22/17 Endorsed a false and fraudulent overtime slip for 4 hours submitted
by Lopez

7 6/21 8 Endorsed a false and fraudulent overtime slip for 8.5 hours
submitted by Murphy

8 1 8 Endorsed a false and fraudulent overtime slip for 4 hours submitted
by Twitchell

9 1/16f19 Submitted a false and fraudulent overtime slip claiming to have
worked four hours

Gerard O?Brien
On or About Overt Act

10 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours 

11 7f27/l7 Endorsed a false and fraudulent overtime slip for 4 hours
submitted by 

12 lf6f18 Endorsed a false and fraudulent overtime slip for 8.5 hours
submitted by Murphy

13 10/6? 18 Submitted a false and fraudulent overtime slip claiming to have
worked 8.5 hours

14 11/15/18 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours 

 

 

15

 

 

 

Case Document 1 Filed 08/20/20 Page 16 of 22

Robert Twitehel]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

On or About Overt Act
15 2/231r l? Endorsed a false and fraudulent overtime slip for 4 hours
submitted by Doherty
16 3/4/17 Submitted a false and fraudulent overtime slip claiming to have
worked 8.5 hours
17 7f27f17 Endorsed a false and fraudulent overtime slip for 4 hours
submitted by O?Brien
18 5/5;r 18 Endorsed a false and fraudulent overtime slip for 8.5 hours
submitted by Murphy
19 1014188 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours
Henry Dohertx
On or About Overt Act
20 11f16/?16 Submitted a false and fraudulent overtime slip claiming to have
Worked 4 hours 
21 W277 1'7 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours
22 21?3/ 1 8 Submitted a false and fraudulent overtime slip claiming to have
worked 85 hours
23 11?3le Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours
Diana Lopez
011 or About Overt Act
24 16 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours
25 11/22/17 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours
26" 10/41!r 1 8 Submitted 21 false and fraudulent overtime slip claiming to have
worked 4 hours
27 111619 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours

 

 

 

 

 

16

 

 

 

Case Document 1 Filed 08/20/20 Page 17 of 22

James Carnes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

On or About Overt Act
28 2/21/13?r Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours
29 11/22/17 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours
30 5/29/13 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours
31 1/3/19 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours 
Michael Murphy
On or About Overt Act
32 12/29/16 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours
33 7/ 1/ 17 Submitted a false and fraudulent overtime slip claiming to have
worked 8.5 hours
34 5/ 5/18 Submitted a false and fraudulent overtime slip claiming to have
worked 8.5 hours
35 1/3/19 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours
Ronald Nelson
__On or About Overt Act
36 5/3/16 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours 
37' 2/23/17 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours
38 7/27/17 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours
39 4/11/13 Submitted 3 false and fraudulent overtime slip claiming to have
worked 4 hours 

 

 

 

 

17

 

Case Document 1 Filed 08/20/20 Page 18 of 22

 

 

 

 

 

Kendra Conway
On or About Overt Act

40 12f21i?17 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours

41 5/17/13 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours

42 8/15/18 Submitted 3 false and fraudulent overtime slip claiming to have
worked 4 hours

43 1l16f19 Submitted a false and fraudulent overtime slip claiming to have
worked 4 hours

 

 

 

18

 

Case Document 1 Filed 08/20/20 Page 19 of 22

COUNT ONE
Conspiracy to Commit Theft Concerning Programs Receiving Federal Funds
(18 U.S.C. 371)
The Grand Jury charges:

53. The Grand Jury re-alleges and incorporates by reference paragraphs 1 through 57

of this Indictment.

59. From at least May 2016 through in or about February 2019, in the District of

Massachusetts, the defendants,

l. TORIGIAN,

2. GERARD 

3. ROBERT 

4. HENRY DOHERTY,

5. DIANA LOPEZ,

6. JAMES CARNES,

7. MICHAEL MURPHY,

8. RONALD NELSON, and

9. KENDRA CONWAY,
conspired with each other and with others known and unknown to the Grand Jury, to commit an
offense against the United States, to wit: theft concerning programs receiving federal funds, that
is, being agents of an organization, namely, the Boston Police Department, to einbezzle, steal,
obtain by fraud and otherwise without authority knowingly convert to the use of a person other
than the rightful owner and intentionally misapply, property valued at $5,000 or more, that was
owned by, and was under the care, custody, and control of the Boston Police Department, which
received bene?ts in excess of $1 0,000 under a Federal program involving a grant, contract,
subsidy, loan guarantee, insurance or other form of Federal assistance in any one-year period, in

violation of Title 18 United States Code, Section 

All in violation of Title 18, United States Code, Section 371.

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Case Document 1 Filed 08/20/20 Page 20 of 22

COUNT TWO
Theft Concerning Programs Receiving Federal Funds; Aiding and Abetting
(18 U.S.C. 18 U.S.C. 2)

The Grand Jury further charges:

60. The Grand Jury rcaaileges and incorporates by reference paragraphs 1 through 57

of this Indictment.

61. From at least May 2016 through in or about February 2019, in the District of

Massachusetts, the defendants,
1. TIMOTHY TORIGIAN,
2. GERARD 
3. ROBERT TWITCHELL,
4. HENRY DOHERTY,
5. DIANA LOPEZ,
6. JAMES CARNES,
7. MICHAEL MURPHY,
8
9

. RONALD NELSON, and
. KENDRA CONWAY,

being agents of an organization, the Boston Police Department, embezzled, stole, obtained by fraud
and otherwise without authority knowingly converted to the use of a person other than the rightful
owner and intentionally misapplied, property valued at $5,000 or more, that was owned by, and
was under the care, custody, and control of the Boston Police Department, which received benefits
in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan guarantee,
insurance or other form of Federal assistance in any one-year period.

All in violation of Title 18, United States Code, Sections 666(a)(1)(A) and 2.

20

Case Document 1 Filed 08/20/20 Page 21 of 22

FORFEITURE ALLEGATIONS
(18 use. 981(a)(1)(C) 28 use. ?2461(c))

1. Upon conviction of one or more of the offenses in violation of Title 18, United

States Code, Sections 371 and 666, set forth in Counts One and Two, the defendants,

1. TORIGIAN,

2. GERARD 

3. ROBERT 
4. HENRY DOHERTY,

5. DIANA LOPEZ,

6. JAMES CARNES,

7. MICHAEL MURPHY,

8. RONALD NELSON, and
9. KENDRA CONWAY,

shall forfeit to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(C)

and Title 28, United States Code, Section 2461(c), any property, real or personal, which

constitutes, or is derived from, proceeds traceable to the offenses.

2. If any of the property described in paragraph 1, above, as being forfeitable

pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28 ,United States Code,

Section 2461(c), as a result of any act or omission of the defendants --

a.

b.

cannot be located upon the exercise of due diligence;

has been transferred to, sold to, or deposited with a third party;
has been placed beyond the jurisdiction of this Court;

has been substantially diminished in value; or

has been commingled with other property which cannot be divided
without dif?culty;

it is the intention of the United States, pursuant to Title 28, United States Code, Section 2461(c),

incorporating Title 21, United States Code, Section 853(p), to seek forfeiture of all other

property of the defendants up to the value of the property described in paragraph 1 above.

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Case Document 1 Filed 08/20/20 Page 22 of 22

All pursuant to Title 18, United States Code, Section 981 and Title 23, United States

Code, Section 2461(0).

A TRUE BILL

204/

OF THE GRAND JURY

Mark Glad? 

Assistant United States Attorney

 

DISTRICT OF August 54' 2020.

Returned into the District Court by the Grand Jurors
and ?led.

O?B?wm ?119% 8/20/20 5:05_p_m


DEPUTY CLERK

22