Month: September 2022

BOSTON – A Malden man was sentenced yesterday in connection with his role in a drug trafficking conspiracy in which he possessed over 150 grams of cocaine base and other controlled substances and conspired to possess firearms.

Phillips Charles, a/k/a “PHON C,” 22, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 78 months in prison and four years of supervised release. On April 26, 2022, Charles pleaded guilty to one count of conspiracy to manufacture, distribute and possess with intent to distribute 28 grams or more of cocaine base, fentanyl, cocaine, marijuana and other controlled substances and one count of conspiracy to possess firearms in furtherance of a drug trafficking crime.

“Mr. Charles repeatedly and flagrantly violated the conditions of his state pretrial release. Not only did he continue to traffic deadly narcotics on our streets, but he also recklessly wielded deadly firearms – seriously endangering the safety of our communities,” said First Assistant United States Attorney Joshua S. Levy. “This case demonstrates this office’s commitment to utilize all resources necessary in our fight against drug trafficking and violent crime in the Commonwealth.”

“This first-time federal felon profited from the misery of others who were addicted to the poison he peddled,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today’s sentence protects the public from Phillips Charles’ escalating criminal behavior, and his proclivity towards drug dealing, firearms, and violence.”

“This case is the product of a collaborative effort on the part of ATF and its local and federal partners to target, investigate, and eliminate the perpetrators of violent crime,” said James M. Ferguson, Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives. “This sentence sends a clear and direct message that we take the illegal possession of firearms and narcotics very seriously and will not be tolerated in our communities.”

While on pretrial release from Malden District Court and Middlesex Superior Court for an October 2019 arrest involving cocaine base (crack cocaine), for which he later served a probation sentence, he continued to conspire with others involved in the conspiracy to distribute large quantities of controlled substances. Members of the conspiracy also possessed firearms, including multiple firearms with “selector switches” that convert firearms into machine guns, to protect the drug trafficking operation and target rival gang members. Specifically, while on pretrial release, Charles was involved in the filming of a publicly posted music video in which Charles was shown along with numerous firearms, including a firearm with an attached “selector switch,” one of which he was shown handling and pointing at the camera. Videos and text messages recovered during the investigation revealed that Charles historically possessed a number of firearms.

Additionally, while still on pretrial release in October 2020 and following a brief encounter with a rival gang member, his girlfriend and their one-year-old child at the Square One Mall in Saugus, Charles pursued the victim and his family and fired as least seven rounds into their vehicle. Charles remained on pretrial release until he was arrested and charged in state court with possessing a firearm in December 2020.

First Assistant U.S. Attorney Levy, FBI SAC Bonavolonta, ATF SAC Ferguson, Colonel Christopher Mason, Superintendent of the Massachusetts States Police and Malden Police Chief Kevin Molis made the announcement today. Assistance was provided by the Essex, Middlesex and Suffolk County District Attorneys’ Offices; Essex, Middlesex, Suffolk and Hancock (Maine) County Sheriffs’ Departments; U.S. Attorney’s Office for the District of Maine; Maine Drug Enforcement Agency; and the Boston, Cambridge, Chelsea, Danvers, Everett, Lynn, Malden, Salem, Saugus, Somerville, Revere, Bolton (Maine), Bangor (Maine), Portland (Maine) and Westbrook (Maine) Police Departments. Assistant U.S. Attorney Philip A. Mallard of the Organized Crime & Gang Unit prosecuted the case.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

BOSTON – The U.S. Attorney’s Office reached an agreement with Next Step Healthcare, LLC (Next Step), the operator of 21 skilled nursing facilities in Massachusetts, to resolve allegations that Next Step violated the Americans with Disabilities Act (ADA) by turning away patients who indicated they were prescribed medications for Opioid Use Disorder (MOUD).

“Nobody would ever choose to have a substance use disorder. The destruction this disease inflicts on its victims is unconscionable. When people finally find the strength and courage to be open to entering recovery, they should be met with support and understanding, not discrimination and barriers to healthcare,” said United States Attorney Rachael Rollins. “As our Commonwealth continues to battle an opioid epidemic, this office will ensure that people who receive MOUD have access to the healthcare they are lawfully entitled to and often need. We appreciate Next Step’s cooperation in modifying its policies and practices to come into compliance with the ADA, and we strongly encourage other skilled nursing facilities to proactively do the same.”

Individuals receiving treatment for Opioid Use Disorder are generally considered disabled under the ADA, which, among other things, prohibits private healthcare providers from discriminating on the basis of disability. The United States alleges that Next Step denied admission to 548 individuals who indicated they were prescribed MOUD while seeking admission to Next Step’s programs.  These individuals sought admission to the facilities for health issues unrelated to their addiction, but also required MOUD to treat their OUD. 

Under the terms of the agreement, Next Step will, among other things, adopt a non-discrimination policy regarding the provision of services to individuals with disabilities, including individuals with SUD or individuals on MOUD, provide training on disability discrimination and SUD to admissions personnel, pay a civil penalty of $92,383 to the United States, $10,000 of which will be paid now and $82,393 of which shall be suspended and forgiven if Next Step materially complies with the terms of the agreement.

This matter is part of an ongoing effort by the U.S. Attorney’s Office to eliminate discriminatory barriers to treatment for OUD through ADA enforcement. This is the U.S. Attorney’s Office’s 10th settlement agreement with a skilled nursing facility operator. The Office has now entered into 16 settlement agreements and six letters of resolution to ensure ADA compliance arising from OUD treatment.  The District of Massachusetts is leading the country in this type of important work and will continue to uphold the ADA and support people with substance use disporders.

Assistant U.S. Attorneys Michelle Leung, Gregory Dorchak and Annapurna Balakrishna of Rollins’ Civil Division handled the matter.

The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights