Just a Little Tease: Comm2A's New Project

[Rob Boudrie]

Village Vault is providing kickbacks to local PD’s? Do tell!

We just did.

An article in the Lowell Sun from 2006 pretty much explains how the scam works. In fact, EOPS was also responsible for failing to define the rules and regulations for tracking guns that go to bonded warehouses, according to the article. Have changes been made since them for tracking guns? The answer appears to be no.

Word is that Dowd got to the GCAB (gun control advisory board, the EOPS designee to write the regulations) and told them all bonded warehouses would shut down if there were any regulations written and the PDs could then manage their own storage.

This was not offered as public testimony but back channel, off the record, communication.

 

[Comm2A]

There are some important history details that are worth reporting at this time. This project has been ongoing for at least two years. Originally we filed suit against Stoughton PD on behalf of Powell whose guns were taken by the PD and subsequently transferred to Village Vault. We kept our participation quiet believing that SPD would respond differently knowing that we were involved.

Much of the credit for getting this case here goes to Attorney Margarita Smirnova. Stoughton PD made a very reasonable settlement offer to compensate Powell for the loss of his guns. However, having caught SPD in a significant lie, she was not about to let this thing go.

The original case was dismissed and we filed the current false claims (aka whistleblower) and RICO complaint after SPD admitted in a sworn deposition to receiving 'credits' from Village Vault in return for supplying them with guns. Holmes, the cop didn't so much admit to this but actually volunteered it. This simply illustrates how normalized and regular are these types of arrangements. We also have much more detail to add to this case as discovery progresses and we go to trial.

The current case was filed under seal and on behalf of the Commonwealth. We had to give the AGO the opportunity to prosecute the case on their own. While they were very interested and not at all happy with this practice, they decided to allow us to prosecute the case. And for all you Healey hatters, this division of the AGO is effectively walled off from the political parts. AGO careerests worked on this case, not the political hacks. We also would have announced the case much earlier, but serving papers on Peter Dowd has been difficult. He's slippery.

The amended complaint can be found here: Comm. v. Holmes. It is well worth your time to read it.

 

[Matt2109]

Sent some $, thanks for all you do!

 

[dixidawg]

That is a thing of beauty!

 

[M1911]

I was wondering why the Commonwealth was one of the plaintiffs. This is delicious.

 

[Dennis in MA]

Money sent. I'm behind in my giving and I hate recurring anythings.

 

[mikeyp]

Got my email a few minutes ago:

Comm2A Brings Whistleblower Action against Police & Village Vault
Comm2A has brought a four-count civil complaint against officers of the Stoughton Police Department, Village Gun Shop, Inc. d/b/a Village Vault and Peter Dowd for the improper disposition of certain firearms in the police department’s possession. While trying to assist a former Stoughton resident in recovering firearms surrendered to the Stoughton police in 2015, Comm2A was able to document a pattern of illegal practices by certain members of the department and Village Vault.

Like its federal counterpart, the Massachusetts False Claims Act encourages private citizens to report fraud against the government and to bring civil actions on the government’s behalf. It also imposes significant penalties on individuals and companies that defraud the state.

The federal Racketeer Influenced and Corrupt Organizations (RICO) statute provides a civil cause of action for activities that are part of a criminal enterprise. While originally intended to fight organized crime, the RICO statute has been successfully applied in other cases where it can be shown that an enterprise has engaged in a pattern of ‘racketeering’ activity over time in violation of federal law.

Count one alleges that by depriving plaintiff Mykel Powell of his property without providing him due process of law, members of the Stoughton Police Department violated his rights under the Fourteenth Amendment.

The second count alleges that members of the Stoughton Police Department and Village Vault defrauded the Commonwealth of Massachusetts when the department exchanged firearms for dollar denominated ‘credits’ and allowed Village Vault to retain the proceeds from the sale of those firearms rather than remitting them to the State Treasurer.

The third count alleges that members of the Stoughton PD and Village Vault conspired with each other to evade the statutory requirement that the Colonel of the Massachusetts State Police auction guns held by police departments for more than one year and remit the proceeds to the State Treasurer.

The final count alleges that Peter Down and Village Vault engaged in a pattern of activity over time that constitutes a violation of the federal RICO Act.

You can read the complaint and see an example of the type of transaction at issue.

 

[M1911]

RICO against Dowd and the Stoughton PD. Ooooh this is gonna be good.

 

[DW357]

Absolutely insane! What a bunch of scumbags.

I would LOVE to see this plastered all over the local news channels for people to see how corrupt police can be.

 

[EMTDAD]

Absolutely insane! What a bunch of scumbags.

I would LOVE to see this plastered all over the local news channels for people to see how corrupt police can be.

easy enough.. just retweeted and tagged the news station.. hopefully they'll run with it

 

[not new guy]

Village Vault needs to be driven out of business.

 

[soam]

This is absolutely amazing. The levels of corruption and graft on display here should be astonishing, but frankly I am not surprised this is taking place. I'm more surprised that they have actually been caught at it and stand a chance of being punished for it.

 

[soam]

Village Vault needs to be driven out of business.

Dowd and everyone else involved need to go to prison.

 

[AHM]

Dowd and everyone else involved need to go to prison.

Even a probation-only sentence makes the convict an FPP.

MGL Ch. 140 §129D requires the operator of a bonded warehouse to be an FFL.

FPPs can't be FFLs.

 

[DW357]

I'm more surprised that they have actually been caught at it and stand a chance of being punished for it.

This had me surprised as well. Guess we can thank the whistleblower for that.

 

[PappyM3]

This brings much joy.

 

[Palladin]

this made my day.

 

[VTski4x4]

I can't love this more. Donation inbound.

 

[icyclefar]

Donation inbound!

 

[M1911]

Even a probation-only sentence makes the convict an FPP.

MGL Ch. 140 §129D requires the operator of a bonded warehouse to be an FFL.

FPPs can't be FFLs.

The thing is, this is a civil lawsuit. It isn’t clear to me how a civil lawsuit could result in criminal penalties.

 

[soam]

I'm especially happy about the section that points out that many other PDs were engaged in the same scheme, and that discovery can be used to discover exactly to what extent it has gone on.

 

[JonathonEmergency]

Small recurring donation inbound. Hopefully I can increase it soon.

 

[soam]

The thing is, this is a civil lawsuit. It isn’t clear to me how a civil lawsuit could result in criminal penalties.

Perhaps the evidence gathered in the course of the civil lawsuit could be used in a separate, criminal case?

 

[soam]

Much of the credit for getting this case here goes to Attorney Margarita Smirnova. Stoughton PD made a very reasonable settlement offer to compensate Powell for the loss of his guns. However, having caught SPD in a significant lie, she was not about to let this thing go.

That's a name I've never seen before. Glad to learn of another attorney willing and able to push for justice.

 

[NewGuyRay]

Perhaps the evidence gathered in the course of the civil lawsuit could be used in a separate, criminal case?

This is a great question. Since criminal acts were involved (including conspiracy) and the property involved has a relation to interstate commerce; is this something the US Attorney for Boston would be interested in investigating or prosecuting the criminal acts? Can Comm2A disclose any contacts with the US Attorney's office that would indicate interest or intent?

 

[M1911]

This is a great question. Since criminal acts were involved (including conspiracy) and the property involved has a relation to interstate commerce; is this something the US Attorney for Boston would be interested in investigating or prosecuting the criminal acts? Can Comm2A disclose any contacts with the US Attorney's

Comm2A and, I suspect, most prosecutors, don’t comment about possible future legal action. Either they file a lawsuit or charge someone or they don’t. Tipping your hand ahead of time is contraindicated.

 

[deerdad]

It would be incredible if this caught the right attention and more things in this state were scrutinized to the point of punishing and making an example out of Massachusetts for the rest of the country to see. One can only hope.

Greg

 

[dixidawg]

What I don't understand is why the state or feds are not going after them with criminal charges? Or is that the other shoe about to drop?


EDIT: OOPS, didn't read the whole thread. Looks like others before me have asked the same question!

 

[Dennis in MA]

That's a name I've never seen before. Glad to learn of another attorney willing and able to push for justice.

I'm pretty sure she makes a mean drink with vodka, lime juice and triple-sec.

 

[AHM]

The thing is, this is a civil lawsuit. It isn’t clear to me how a civil lawsuit could result in criminal penalties.

Time for some NESer stuck with grand jury duty to start asking questions...?

ETA: That is, wait for lightning to strike?
Sigh.