Boston Firefighters Charged with Disability Fraud, Perjury
Author: U.S. Department of Justice
Published: 2009/10/25 - Updated: 2026/05/14
Publication Type: Announcement
Category Topic: Laws and Rights - Related Publications
Contents: Synopsis - Introduction - Main - Insights, Updates
Synopsis: This report from the US Department of Justice details federal mail fraud, perjury, and obstruction of justice charges brought against three individuals connected to the Boston Fire Department over alleged fraud in accidental disability retirement applications. According to the indictments, former firefighters James Famolare, 65, of Billerica, and Albert Arroyo, 47, of Boston, are accused of falsely claiming career-ending injuries - Famolare from moving a box of files in June 2006, and Arroyo from a fall at a Jamaica Plain fire station in March 2008 - to obtain tax-free injured leave pay and inflated accidental disability pensions, while Arroyo allegedly continued training for a May 2008 body building competition. A civilian Fire Department clerk, Erika Boylan, 31, of Boston, is charged with perjury and obstruction for allegedly making false statements to a federal grand jury about delays in processing disability retirement forms. The piece is a useful reference for journalists, public pension administrators, and members of the disability community concerned with how fraudulent claims affect public trust in legitimate disability benefits - Disabled World (DW).
- Topic Definition: Accidental Disability Pension Fraud
Accidental disability pension fraud is a form of public-sector benefits fraud in which a public employee, most often a police officer, firefighter, or other municipal worker, knowingly misrepresents the nature, cause, or severity of a workplace injury in order to obtain an accidental disability retirement pension that typically pays at a higher rate than ordinary retirement and is often partially or fully tax-exempt. Such schemes commonly involve fabricated or exaggerated on-the-job incidents, concealment of physical activities inconsistent with claimed impairments, and the falsification of supporting medical or administrative records. Because these pensions are funded by taxpayers and administered through state or municipal retirement boards, fraudulent claims are typically prosecuted in federal court as mail fraud or wire fraud, and related conduct - such as lying to a grand jury or delaying official paperwork to assist a claim - can support additional charges of perjury and obstruction of justice.
Introduction
Two former Boston firefighters were charged in federal court with fraud involving their applications for accidental disability pensions, and a clerk in the Boston Fire Department was charged with perjuring herself and obstructing the grand jury investigation in this matter.
Main Content
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.
Insights, Analysis, and Developments
Editorial Note: Cases like these are a reminder that fraudulent disability pension claims, while a small fraction of overall filings, can erode public confidence in the very programs that protect workers genuinely injured in the line of duty. For the millions of legitimately disabled retirees, first responders, and public employees who rely on accidental disability pensions, rigorous investigation and prosecution of false claims - alongside fair, evidence-based adjudication of honest ones - helps preserve the integrity and long-term solvency of these benefit systems. As always, all defendants named in an indictment are presumed innocent until proven guilty in court - Disabled World (DW).Attribution/Source(s): This quality-reviewed publication was selected for publishing by the editors of Disabled World (DW) due to its relevance to the disability community. Originally authored by U.S. Department of Justice and published on 2009/10/25, this content may have been edited for style, clarity, or brevity.