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UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
)
UNITED STATES OF AMERICA )
)
v. ) CRIMINAL NO.
) VIOLATIONS:
) 18 USC §371 - CONSPIRACY
1. JOHN M. CICILLINE ) 18 USC §1503- OBSTRUCTION
2. JOSEPH A. BEVILACQUA, Jr. ) OF JUSTICE
3. JUAN GIRALDO ) 18 USC §1001- FALSE
4. LISA TORRES ) STATEMENTS
INDICTMENT
COUNT ONE: 18 U.S.C. §371 - Conspiracy
The Grand Jury charges that:
BACKGROUND ALLEGATIONS
1. At all times material to this indictment, defendant JOHN
M. CICILLINE was an attorney admitted to practice in Rhode Island.
2. At all times material to this indictment, defendant
JOSEPH A. BEVILACQUA, Jr. was an attorney admitted to practice in
Rhode Island.
3. At all times material to this indictment, defendant JUAN
GIRALDO purported to be employed as a paralegal/interpreter for the
law firm of defendant JOSEPH A. BEVILACQUA, Jr.
4. At times material to this indictment, defendant LISA
TORRES purported to work as a paralegal/interpreter.
5. On or about August 14, 2002, law enforcement officers,
including agents from the Drug Enforcement Administration (“DEA”),
arrested John Mendonca and his wife, Jacqueline Mendonca, in
2
Warwick, Rhode Island, and seized, among other things, a quantity
of marijuana and approximately $1.3 million in cash, resulting in
drug trafficking charges being brought against the Mendoncas in
Rhode Island Superior Court.
6. Defendant JOHN M. CICILLINE was retained by Jacqueline
Mendonca to represent her in that case. Defendant JOSEPH A.
BEVILACQUA, Jr. was retained by John Mendonca in October, 2002, to
represent him.
7. As a result of this arrest in Warwick and additional
investigation, a criminal complaint was issued on December 3, 2002,
in the District of Massachusetts charging John and Jacqueline
Mendonca with conspiracy to possess with intent to distribute
marijuana and to engage in money laundering and structured currency
transactions.
8. Both defendant JOHN M. CICILLINE and defendant JOSEPH A.
BEVILACQUA, Jr. entered appearances in the District of
Massachusetts as attorneys for Jacqueline and John Mendonca,
respectively.
9. On February 3, 2003, an indictment was returned in the
District of Massachusetts, entitled United States v. John Mendonca
and Jacqueline Mendonca, Cr. No. 03-10029-MEL, charging them, among
other things, with conspiracy to possess with intent distribute
more than 100 kilograms of marijuana, in violation of 21
U.S.C. § 846; and conspiracy to commit and committing money
3
laundering, in violation of 18 U.S.C. §§ 1956(h) and (a)(1). Both
John and Jacqueline Mendonca, if convicted by guilty plea or after
trial, faced mandatory minimum prison sentences by statute of at
least 10 years.
10. At all times material to the indictment, the sentencing
of defendants in federal court operated under the Sentencing Reform
Act of 1984. Under this Act, a Sentencing Commission devised
Guidelines under which courts had to sentence convicted defendants
according to uniform rules, and there was no discretion to depart
from the required sentencing range except as specifically provided
in the Guidelines. Pursuant to Section 5K1.1 of the Guidelines,
the court was permitted to depart below the sentencing guideline
range only if and when the government submitted a motion to the
court asserting that the defendant, or a third party acting on the
defendant’s behalf with the government’s knowledge and approval,
provided substantial assistance in the investigation or prosecution
of another offender (“substantial assistance motion”).
11. Similarly, for certain convictions that require by
statute a mandatory minimum sentence, pursuant to Title 18, United
States Code, Section 3553(e), a court was permitted to depart below
the sentencing guideline range only if and when the government
submitted a substantial assistance motion.
12. The United States Attorney’s Office for the District of
Massachusetts is a part of the United States Department of Justice,
4
and, as such, is an agency in the executive branch of the United
States Government. Assistant United States Attorneys assigned to
the Criminal Division of the United States Attorney’s Office are
federal prosecutors with responsibility for representing the
government in all criminal matters before the United States
District Court for the District of Massachusetts.
The Conspiracy Charge
13. From in or about August, 2002, up to and including in or
around November, 2004, within the District of Massachusetts, Rhode
Island, and elsewhere, the defendants,
JOHN M. CICILLINE,
JOSEPH A. BEVILACQUA, Jr.,
JUAN GIRALDO,
and
LISA TORRES,
unlawfully, willfully and knowingly combined, conspired and agreed
with each other:
a. corruptly to influence, obstruct, and impede the due
administration of justice, and corruptly to endeavor to
do so, in violation of Title 18, United States Code,
Section 1503;
b. to defraud the United States, and an agency thereof,
namely the United States Attorney’s Office for the
District of Massachusetts; and
c. to knowingly and willfully make, and cause others to
make, material false statements to the United States
5
Attorney’s Office for the District of Massachusetts in
matters within that Office's jurisdiction, in violation
of Title 18, United States Code, Section 1001.
14. It was a part and object of the conspiracy that the
defendants would and did corruptly endeavor to obstruct the due
administration of justice by, among other things:
a. soliciting and receiving large sums of money from John
and Jacqueline Mendonca purportedly to obtain information
from third parties and/or direct third party cooperation,
which would then be provided to the government in order
to induce it to file a substantial assistance motion on
behalf of the Mendoncas;
b. inducing and pressuring John and Jacqueline Mendonca to
plead guilty to the indictment to receive the purported
benefit of the fraudulent third party information and/or
cooperation under false pretenses; and
c. falsely concealing from the government, in order to
secure a substantial assistance motion on behalf of the
Mendoncas, the true source of information provided by
John Mendonca and falsely representing the nature of the
relationship between Jacqueline Mendonca and a proposed
third party cooperator.
15. It was a further part and object of the conspiracy that
the defendants would and did defraud the United States, and an
6
agency thereof, namely the United States Attorney’s Office for the
District of Massachusetts by, among other things, falsely
concealing from the government, in order to secure a substantial
assistance motion on behalf of the Mendoncas, the true source of
information provided by John Mendonca and falsely representing the
nature of the relationship between Jacqueline Mendonca and a
proposed third party cooperator.
16. It was a further part and object of the conspiracy that
the defendants would and did knowingly and willfully make, and
cause others to make, material false statements to the United
States Attorney’s Office for the District of Massachusetts in
matters within that Office’s jurisdiction by, among other things,
falsely concealing from the government, in order to secure a
substantial assistance motion on behalf of the Mendoncas, the true
source of information provided by John Mendonca and falsely
representing the nature of the relationship between Jacqueline
Mendonca and a proposed third party cooperator.
OVERT ACTS
17. In furtherance of the conspiracy and to effect its
illegal objects, the following over acts, among others, were
committed in the District of Massachusetts and elsewhere:
The Defendants Collect Money from
the Mendoncas Purportedly to Pay
for Third-Party Information on Drug Activity
a. In or around early November, 2002, defendant JOSEPH A.
7
BEVILACQUA, Jr. met with John Mendonca at the Plymouth House of
Correction and told him that for a payment of several hundred
thousand dollars, he, JOSEPH A. BEVILACQUA, Jr., could keep John
Mendonca out of jail.
b. In or around early December, 2002, after the federal
complaint was issued, JOSEPH A. BEVILACQUA, Jr. and JUAN GIRALDO
met with John Mendonca again. They told him he needed to pay
$100,000 “up front” (i.e. in advance) and said that they would
provide third party cooperation in the form of a large drug bust
that would be credited to John Mendonca.
c. In or around late December, 2002, JUAN GIRALDO went to
the home of John Mendonca’s mother and collected the $100,000 “up
front” payment from her in the form of $70,000 in cash and $30,000
in checks made out to, respectively, JOSEPH A. BEVILACQUA, JR.,
JUAN GIRALDO, and two of JUAN GIRALDO’s associates. JUAN GIRALDO
represented to John Mendonca’s mother that with the payment of this
money, John Mendonca would get out of jail.
d. In or around June, 2003, while John Mendonca was
still in jail awaiting trial, JOHN M. CICILLINE told Jacqueline
Mendonca that he had spoken with JOSEPH A. BEVILACQUA, Jr. and JUAN
GIRALDO about the $100,000 payment and reassured her that JUAN
GIRALDO would provide information on drug activity that she and her
husband would pass on to DEA as their own in order to get a
sentence reduction.
8
e. On or about November 24, 2003, JOHN M. CICILLINE asked
Jacqueline Mendonca for an additional $50,000, representing to her
that he would show the money to JOSEPH A. BEVILACQUA, Jr. and JUAN
GIRALDO to induce them to deliver on their promised third party
information and cooperation.
f. On or about December 1, 2003, JUAN GIRALDO, JOSEPH A.
BEVILACQUA, Jr. and JOHN M. CICILLINE met with Jacqueline Mendonca
at their offices and confirmed that JUAN GIRALDO would be providing
third-party cooperation to John and Jacqueline Mendonca in exchange
for the money they had paid. Specifically, Jacqueline Mendonca
asked, “Is it going to happen or is it not going to happen or are
you just going to give me my money back?” JUAN GIRALDO replied,
“It’s only, it’s not ‘one happened,’ it has to be like three or
four happened. . . . If we are asked to do, like, three or four
cases. We know what you want.” JOHN M. CICILLINE said, “Right.
The more the merrier.” Jacqueline Mendonca said to JUAN GIRALDO,
“And you are supposed to provide them.” JOHN M. CICILLINE said,
“Excuse me, he shouldn’t even be discussing that with you. This
shouldn’t even, we should, you shouldn’t have even heard that. He
should know better. That’s why you give him the money, he’s
supposed to take care of it. Nobody’s supposed to talk about it.”
g. On or about January 11, 2004, JOSEPH A. BEVILACQUA, Jr.
met John Mendonca at the Plymouth County House of Correction and
told him that he would be getting credit for a 900 pound marijuana
9
bust that JUAN GIRALDO had arranged, as well as for a 1,000 pound
marijuana bust that JUAN GIRALDO was in the process of arranging.
Specifically, JOSEPH A. BEVILACQUA, Jr. said, “About a month ago
there was a bust, 900 pounds. Pot. . . . You’re going to be
getting credit for that. . . . JUAN GIRALDO went down to
Mexico . . . to initiate something else for you. . . . There’s
supposed to be another load, maybe a thousand pounds coming up.
That’s going to be given credit to you and your wife.”
h. Also on or about January 11, 2004, JOSEPH A. BEVILACQUA,
Jr. told John Mendonca that he would assist John Mendonca in
misrepresenting facts to the government so that John Mendonca would
get credit for the 900 pound marijuana bust. Specifically, John
Mendonca asked how he would get credit for the 900 pound marijuana
bust when he knew nothing about it. JOSEPH A. BEVILACQUA, Jr.,
replied, “We don’t have the reports [yet], just the complaint. . .
. But you know how it’s going to be -- it’s going to be like you
had this done for JUAN.” John persisted: “How are they going to
connect it back to me?” JOSEPH A. BEVILACQUA, Jr. replied, “You’ll
have all the info.”
i. On or about March 5, 2004, JOHN M. CICILLINE told
Jacqueline Mendonca that he would assist her in misrepresenting
facts to the government so that she would get credit for an
upcoming 50 kilogram cocaine bust. More specifically, Jacqueline
Mendonca said to JOHN M. CICILLINE, “Last time we were here . . .
10
you had said . . . ‘Something big’s going to happen. We’re going
to tell you all the details, and then you can go and let your
friend Dave [DEA Special Agent Dave Toracinta] know, and then you
and John get credit for it.’” JOHN M. CICILLINE replied, “Right.”
JOHN M. CICILLINE also said, “This other thing is being put into
action . . . . I mean 50 kilos. . . . JUAN’s probably got that by
truck this weekend. . . . It’s just . . . you got to have stumbled
on to this thing. . . . We just want to make it believable to the
point where it’s legitimate that you know about it. That you, you
know, that you would come to get the information legitimately.”
The Defendants Pressure
the Mendoncas to Plead Guilty
j. On or about December 1, 2003, JUAN GIRALDO, JOSEPH A.
BEVILACQUA, Jr. and JOHN M. CICILLINE met with Jacqueline Mendonca
and advised her that John Mendonca’s continuing refusal to plead
guilty was preventing them from arranging for him to get credit for
information on drug activity. More specifically, JUAN GIRALDO said
to Jacqueline Mendonca, “Last week, you know, there’s a good case
in Rhode Island, some guys from DEA arrested, like, three Mexicans
with 900 pounds, but I [wasn’t] able to do anything because John
[Mendonca], he don’t want to plead.” JOSEPH A. BEVILACQUA, Jr.,
then directed JUAN GIRALDO to leave the room and said to Jacqueline
Mendonca, “Don’t you see what he [JUAN GIRALDO] did with some of
the money? . . . He gave it up, and he set somebody up with 900
pounds of pot or a thousand pounds of pot or something. . . .
11
That’s what he does. Don’t you understand [how] he works?”
Jacqueline Mendonca reminded JOSEPH A. BEVILACQUA, Jr., about his
promise to get her and her husband credit for third-party
cooperation, and JOSEPH A. BEVILACQUA, Jr., responded, “In order
for you to get that, you got to plead guilty.”
k. Also on or about December 1, 2003, JOHN M. CICILLINE said
to Jacqueline Mendonca, “What I told you was, get the money [i.e.
the additional $50,000], give it to me, and then I’ll tell them
[i.e. JOSEPH A. BEVILACQUA, Jr. and JUAN GIRALDO] that I have it,
that means then they’ll be motivated to get the job done, finish it
up. Isn’t that what I told you the other day?” Jacqueline
Mendonca confirmed and said, “And me and John [Mendonca] have go to
plead before any of this happens?” JOSEPH A. BEVILACQUA, Jr.,
replied, “That’s the only way you can get credit.” Later in the
conversation, JUAN GIRALDO said to Jacqueline Mendonca, “To be
available to do this . . . you and John have to plead.” JOHN M.
CICILLINE said to Jacqueline Mendonca, “I think what the thinking
is is that . . . once [you] plead, then he [JUAN GIRALDO] can go
into action.”
l. On or about January 11, 2004, JOSEPH A. BEVILACQUA, Jr.
met John Mendonca at the Plymouth County House of Correction and
told him that he and his wife would get credit for the 900 pound
marijuana bust that JUAN GIRALDO had arranged only if John and
Jacqueline Mendonca pleaded guilty. More specifically, JOSEPH A.
12
BEVILACQUA, Jr. said, “Now you’re going to say you want to go to
trial. [If] you go to trial, all this is off, you won’t get credit
for it.” JOSEPH A. BEVILACQUA, Jr. also said, “if [you] go to
trial in Massachusetts, all deals are off,” and “if you don’t
plead, she’s not [i.e. Jacqueline Mendonca is not] walking, she’s
going to go to camp for ten or fifteen years.”
m. On or about March 6, 2004, JOHN M. CICILLINE and JUAN
GIRALDO met John Mendonca at the Plymouth County House of
Correction and continued to pressure him to plead guilty. More
specifically, when John Mendonca said to them “if you didn’t tell
me the things that, that could happen, I mean, I just would have
went forward,” JOHN M. CICILLINE replied, “Once you plead, then
we’re going to be able [UI] now and help you [UI] because that’s
what it’s all about.” Later in the conversation, JOHN M. CICILLINE
and JUAN GIRALDO said they had gotten someone else credit for a
recent 500 “key” [kilo] bust. When John Mendonca asked, “Why not
for me, man?”, JUAN GIRALDO told him, “John, because you wouldn’t
plead, John . . . You wouldn’t plead.”
JOHN M. CICILLINE Brings
in LISA TORRES as Third Party Cooperator
n. On or about March 16, 2004, JOHN M. CICILLINE met
Jacqueline Mendonca at his office. He telephoned LISA TORRES and
asked her about providing third party cooperation for the
Mendoncas. Among other things, JOHN M. CICILLINE asked LISA
TORRES, “So you can go in and do everything and then just credit
13
the other person? And that’s no problem? . . . It’s a Mass. case
. . . so we want the credit to go to Boston. It’s like a husband
and wife situation. . . . The DEA agent is Toracinta. . . . Let
me just make sure everything’s all right and it’s a go.” After
ending the call with LISA TORRES, JOHN M. CICILLINE said to
Jacqueline Mendonca, “She’s registered with the DEA, so she acts on
your behalf.” Jacqueline Mendonca asked, “So she’s going to say
that I did it?” CICILLINE replied, “Yes.”
o. On or about April 1, 2004, JOHN M. CICILLINE explained
to Jacqueline Mendonca how professional third-party cooperators
such as Lisa Torres make money. Specifically, he said, “They’re
out there. They’re always looking. . . . You’re around and about.
You’re listening. You’re hearing things. And then they end up,
kind of, selling them the information basically. That’s what they
do.”
p. On or about April 7, 2004, Jacqueline Mendonca met JOHN
M. CICILLINE at his office and gave him $15,000 (as part of the
$50,000 previously requested by JOHN M. CICILLINE to show JOSEPH A.
BEVILACQUA and JUAN GIRALDO to get them to perform as promised).
JOHN M. CICILLINE told Jacqueline Mendonca that “the other girl
[LISA TORRES] is trying to do something” and had done it in the
past. Jacqueline Mendonca asked, “How much is she making?” JOHN
M. CICILLINE replied, “I’m not going to discuss that end. I don’t
need to discuss it. . . . Just get me what I have to get [i.e. the
14
$50,000], and I’ll take care of everything.”
q. On or about April 27, 2004, JOHN M. CICILLINE told
Jacqueline Mendonca that although he would still try to get JOSEPH
A. BEVILACQUA, Jr. and JUAN GIRALDO “moving,” “the best chance of
straightening out what they did [is] to get this girl [LISA TORRES]
to do something to get you your 5K.”
r. On or about May 17, 2004, JOHN M. CICILLINE introduced
LISA TORRES to Jacqueline Mendonca in a parking lot. JOHN M.
CICILLINE explained that the prosecutor in the Mendoncas’ federal
case had sent word through a DEA agent that any third party
cooperator had to be a family member or close friend of the
Mendoncas’. LISA TORRES then told Jacqueline Mendonca, “Now, do
you have someone that you could say that I know that’s my friend or
a relative of yours . . . ? That I could say I know [you] through
this person. . . ?” JOHN M. CICILLINE said, “And that, how can
we make this connection here [UI].” LISA TORRES continued, “See,
we have to make a connection. They’re going to ask me, ‘How do you
know her?’ Because you have to have some connection there.” Later
in the conversation, LISA TORRES said, “I’ll have to make up a
story that me and you know each other, that I met you . . . at
Johnny’s office . . .” JOHN M. CICILLINE then added, “That’s the
likely place you would have met anyway.”
JOHN M. CICILLINE and LISA TORRES
Make False and Misleading
Representations to the Assistant U.S. Attorney (“AUSA”)
15
s. On or about June 28, 2004, JOHN M. CICILLINE had a
telephone conversation with the AUSA handling the Mendonca
prosecution about the possibility of third party cooperation. The
AUSA said, “It doesn’t have to be a family member, but if it’s
close, you know, sort of personal friend, that’s a possibility.”
JOHN M. CICILLINE replied, “At least that opens the door.”
t. On or about July 1, 2004, JOHN M. CICILLINE spoke
to the AUSA again about third party cooperation for Jacqueline
Mendonca. The AUSA said, “I want to be clear on . . . any
potential third-party cooperation. You know, if it’s not a family
member, it’s got to be someone who is a close friend. Someone
that, you know, she’s known for years.” When the AUSA asked, “How
long have they known each other?”, JOHN M. CICILLINE replied:
Two, three years. And I'm -- I'm -- I'm guessing two or
three years. You know, I -- I -- you know, I really
don't know the answer to that. I mean, I -- I never got
into it that much. I mean I -- I
JOHN M. CICILLINE then said he would talk to them to find out about
the relationship and get back to the AUSA.
u. On or about August 10, 2004, in a telephone call, JOHN
M. CICILLINE and the AUSA spoke again about the nature of the
relationship between Jacqueline Mendonca and LISA TORRES. The AUSA
asked, “How do they know each other?” JOHN M. CICILLINE replied,
“I’m not sure if it’s [through] a mutual friend or, I mean, I, you
know, it might just be, I, ah, it’s not a . . . big comfy
relationship, you know, like they’d been hanging out together and
16
they were relatives.”
v. On or about August 10, 2004, JOHN M. CICILLINE spoke
by telephone with Jacqueline Mendonca and said that he had
scheduled a time for Jacqueline Mendonca and LISA TORRES to meet
with the AUSA. JOHN M. CICILLINE further said:
He wants to know the relationship of you two and all
that, and we’ve got to sit down and figure this thing
out. . . . [One] day next week . . . we’ll take a ride
up there [i.e. to Boston] . . . and really try to figure
something out that works for everybody. Because I was
sort of honest with him. . . . I said, ‘the relationship
here is, you know, not real old. It’s fairly new, but
she’s willing to help,’ and he goes, ‘Well, then, I want
to hear about it a little more.’
w. On or about September 8, 2004, at the Barking Crab
Restaurant in Boston, JOHN M. CICILLINE met with LISA TORRES and
Jacqueline Mendonca to rehearse what they would say to the AUSA
about the relationship. JOHN M. CICILLINE said to LISA TORRES,
“When we get up there [UI] . . . ‘[She’s] my friend, and I don’t
want nothing bad to happen to her.’ You guys met at my office and
became friendly. You guys were out there talking and got to know
each other, and you [LISA TORRES] felt bad for her.”
x. Also on or about September 8, 2004, JOHN M. CICILLINE,
LISA TORRES and Jacqueline Mendonca met with the AUSA in his
office. JOHN M. CICILLINE explained the relationship between
Jacqueline Mendonca and LISA TORRES:
Jackie's my client. I like her as my [UI], I've known
her for a few years. Lisa [and I have] been friends for
a long time. They met in my office, while we -- they
commiserated about her problem. Lisa had some problems
in her past. And basically said, ‘I -- you know, I'll
help [UI] your friend and I can help her out.’
17
LISA TORRES told the AUSA that she and Jacqueline Mendonca had met
six months earlier in JOHN M. CICILLINE’s office and had become
friends who talked on the phone approximately twice a day about
personal things. LISA TORRES said that her motivation for helping
Jacqueline Mendonca was because “it’s not easy to live in jail” and
“she’s a good person.” When asked if JOHN M. CICILLINE could
“vouch” that LISA TORRES and Jacqueline Mendonca were friends, JOHN
M. CICILLINE replied, “Yeah, yeah.”
y. On or about October 19, 2004, LISA TORRES asked
Jacqueline Mendonca to meet her in the parking lot outside JOHN M.
CICILLINE’s law office and asked her for money, stating that JOHN
M. CICILLINE knew of this request. LISA TORRES said, “You want me
to help you, I’ll help you, but this is how I make my money. I
mean, you have to give me, to start, $20,000.” LISA TORRES went
on to say:
I don’t know what the situation is with your husband. I
haven’t gone into it. It all depends on what lawyer you
have. I can’t represent a lawyer because it’s, this is
not illegal, but it’s not right because people aren’t
supposed to buy their way out of jail. . . . It’s not
legal. It’s not illegal. There’s no statute on it, but
it’s also not right.
z. Also on or about October 19, 2004, during that same
meeting, LISA TORRES called JOHN M. CICILLINE on her cell phone and
asked him to tell Jacqueline Mendonca that everything was okay.
LISA TORRES then handed the phone to Jacqueline Mendonca and JOHN
M. CICILLINE told her to go along with whatever LISA TORRES said.
All in violation of Title 18, United States Code, Section 371.
18
COUNT TWO: 18 U.S.C. § 1503(a) - OBSTRUCTION OF JUSTICE
The Grand Jury further charges that:
18. The allegations contained in Paragraphs 1 through 12,
17d, e, f, i, j, k, m, n through z are incorporated and realleged
herein.
19. From in or around June, 2003, continuing through
late October, 2004, in Boston and elsewhere within the District of
Massachusetts, and elsewhere, the defendants
JOHN M. CICILLINE
and
LISA TORRES,
aiding and abetting each other, did corruptly influence, obstruct
and impede, and corruptly endeavor to influence, obstruct, and
impede, the due administration of justice, that is, the criminal
case entitled United States v. John Mendonca and Jacqueline
Mendonca, Cr. No. 03-10029-MEL, then pending in the United States
District Court for the District of Massachusetts, by falsely
representing the nature of the relationship between Jacqueline
Mendonca and LISA TORRES as a proposed third party cooperator in
order to induce the government to file a substantial assistance
motion on behalf of the Mendoncas so that the court would impose
lesser sentences upon them.
All in violation of Title 18, United States Code, Sections
1503(a) and 2.
19
COUNT THREE: 18 U.S.C. § 1001 - Making False Statements
20. The allegations contained in Paragraphs 1 through 12,
17d, e, f, i, j, k, m, n through z are incorporated and realleged
herein.
21. On or about July 1, 2004, in the District of
Massachusetts, the defendant,
JOHN M. CICILLINE,
in a matter within the jurisdiction of the United States Attorney’s
Office for the District of Massachusetts, an agency of the United
States Department of Justice, did knowingly and willfully make a
false, fraudulent, and fictitious material statement and
representation, by stating, when asked by an Assistant United
States Attorney how long Jacqueline Mendonca and LISA TORRES have
known each other, the following:
Two, three years. And I'm -- I'm -- I'm guessing two or
three years. You know, I -- I -- you know, I really
don't know the answer to that. I mean, I -- I never got
into it that much.
All in violation of Title 18, United States Code, Section
1001.
20
COUNT FOUR: 18 U.S.C. § 1001 - Making False Statements
22. The allegations contained in Paragraphs 1 through 12,
17d, e, f, i, j, k, m, n through z are incorporated and realleged
herein.
23. On or about September 8, 2004, in Boston, within the
District of Massachusetts, the defendants,
JOHN M. CICILLINE
and
LISA TORRES,
aiding and abetting each other, in a matter within the jurisdiction
of the United States Attorney’s Office for the District of
Massachusetts, an agency of the United States Department of
Justice, did knowingly and willfully make a false, fraudulent, and
fictitious material statement and representation, by stating and
affirming that:
a. LISA TORRES and Jacqueline Mendonca met in JOHN M.
CICILLINE’s office;
b. they became friends, frequently talking to each
other about their personal problems;
c. LISA TORRES’s motivation for providing third party
cooperation was her friendship with Jacqueline
Mendonca.
All in violation of Title 18, United States Code, Sections
1001 and 2.
Christopher Young (Democrat)
Candidate for The United States Senate