Firefighters Charged with Fraud and Perjury

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Acting United States Attorney Michael K. Loucks; Warren T. Bamford, Special Agent in Charge of the Federal Bureau of Investigations - Boston Field Division; Gregory W. Sullivan, Inspector General, Massachusetts Office of the Inspector General; and Police Commissioner Edward Davis of the Boston Police Department, announced that JAMES FAMOLARE, age 65, of Billerica and ALBERT ARROYO, age 47, of Boston, both former Boston Fire Department firemen, have been charged with mail fraud. ERIKA BOYLAN, age 31, of Boston, and a civilian employee of the Boston Fire Department, has been charged with perjury and obstruction of justice.

The mail fraud Indictments allege that the City of Boston was defrauded by both firefighters when they sought accidental disability retirement pensions after allegedly suffering injuries while on the job. In the case of FAMOLARE, the Indictment alleges that in June 2006, while working for one day in an acting capacity for the absent Deputy Chief of Personnel in the Boston Fire Department, FAMOLARE falsely claimed he suffered a career-ending injury while moving a box of files. The Indictment alleges that in his accidental disability retirement application filed in October 2006, FAMOLARE fraudulently claimed to be totally and permanently disabled by his box moving injury, seeking to obtain benefits at a higher grade salary, including tax-free injured leave pay and a higher accidental disability retirement pension.

In the case of ARROYO, the Indictment alleges that in March 2008, ARROYO claimed he fell while walking in a fire station in Jamaica Plain. According to the Indictment, ARROYO falsely claimed that this fall left him totally and permanently disabled from the performance of his duties. At the time of the claimed fall, ARROYO was assigned to Fire Prevention, a job which did not require fighting fires, but rather required him to inspect buildings and to complete various paperwork related to those inspections. The Indictment further alleges fraud in ARROYO's April 2008 accidental disability retirement application; specifically, ARROYO falsely claimed that he was permanently and totally disabled as a result of his March 2008 fall and ARROYO failed to disclose his repeated visits to gyms where he trained for a May 2008 body building competition. According to the Indictment his fraud scheme was aimed at obtaining tax free benefits and an inflated accidental disability retirement pension.

If convicted on these charges, FAMOLARE and ARROYO each face up to 20 years' imprisonment, to be followed by three years of supervised release and a $250,000 fine on each count of mail fraud. FAMOLARE is charged with six counts of mail fraud. ARROYO is charged with two counts of mail fraud.

The BOYLAN Indictment alleges that, while testifying under oath before a federal grand jury investigating fraud within the Boston Fire Department, BOYLAN, a civilian clerk in the Personnel Department, made material false statements when asked about delaying the accidental disability retirement forms.

If convicted on these charges, BOYLAN faces up to 10 years' imprisonment on the obstruction charge, and five years' imprisonment on the perjury charge, to be followed by three years' supervised release and a $250,000 fine on each count.

The cases were investigated by the Federal Bureau of Investigations, the Massachusetts Office of Inspector General and the Boston Police Department. They are being prosecuted by Assistant U.S. Attorney Eugenia M. Carris of Loucks' Public Corruption Unit.

The details contained in the Indictments are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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