David Hebert Complaint

Case 1:19-cr-10332-RWZ Document 1 Filed 09/06/19 Page 1 of 6
UNITED STATES DISTRICT COURT 0FFIC£

DISTRICT OF MASSACHUSETTS
m SEP
UNITED STATES OF AMERICA
Criminal No.
V. Violations:
Count One: Extortion Conspiracy

DAVID HEBERT, (18U.S.C. § I95I)
Defendant Count Two: Extortion

(18U.S.C. § I95I)
Count Three: False Statements

(I8U.S.C. § 1001(a)(2))
Forfeiture Allegation:
(I8U.S.C. § 981(a)(1)(C) and
28 U.S.C. § 2461(c))
INFORMATION
COUNT ONE
(18 U.S.C. § I95I)
Extortion Conspiracy
The United States Attorney charges:
I. Between in or about July 2018 and September 2018, in Fall River, in the District of
Massachusetts, and elsewhere, the defendant,
DAVID HEBERT,
and others known and unknown to the United States Attorney, did conspire to knowingly obstruct,
delay, and affect, in any way and degree, commerce and the movement of articles and commodities
in commerce by extortion, as those terms are defined in Title 18, United States Code, section 1951;
that is, HEBERT conspired with Fall River Mayor Jasiel F. Correia, II ("Correia") and others, to
obtain money and property not due Correia or his office, from a marijuana vendor that did business
in and affecting commerce ("Ml Vendor #3"), with MJ Vendor #3's consent, in exchange for non-
opposition letters and host community agreements to operate marijrxana businesses in Fall River,
under color of official right.
All in violation of Title 18, United States Code, Section 1951.

COUNT TWO
(18U.S.C. § 1951)
Extortion; Aiding and Abetting
The United States Attorney further charges:
2. Between in or about July 2018 and September 2018, in Fall River, in the District of
Massachusetts, and elsewhere, the defendant,
DAVID HEBERT,
did knowingly obstruct, delay, and affect, and attempt to obstruct, delay, and affect, in any way
and degree, commerce and the movement of articles and commodities in commerce by extortion,
as those terms are defined in Title 18, United States Code, section 1951; that is, HEBERT, in
concert with Correia and others, known and unknown to the United States Attorney, obtained
money and property not due Correia or his office, from MJ Vendor #3, with MJ Vendor #3's
consent, in exchange for non-opposition letters and host community agreements to operate
marijuana businesses in Fall River, under color of official right.
All in violation of Title 18, United States Code, Sections 1951 and 2.
COUNT THREE
(18U.S.C. § 1001(a)(2))
False Statements
The United States Attorney further charges:
3. On or about January 15, 2019, in Boston, in the District of Massachusetts, the
defendant,
DAVID HEBERT,
did willfully and knowingly make materially false, fictitious, and fraudulent statements and
representations in a matter within the jurisdiction of the executive branch of the Government of
the United States; that is, HEBERT: (1) falsely stated that he was not involved in the approval and
opening of any marijuana dispensaries in Fall River; and (2) falsely stated that he had never acted
as a financial conduit for Correia.
All in violation of Title 18, United States Code, Section 1001(a)(2).

FORFEITURE ALLEGATION
(18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c))
4. Upon conviction of one or more of the offenses in violation of Title 18, United
States Code, Section 1951, set forth in Counts One and Two of this Information, the defendant,
DAVID HEBERT,
shall forfeit to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(C),
and Title 28, United States Code, Section 2461 (c), any property, real or personal, which constitutes
or is derived from proceeds traceable to the offenses. The property to be forfeited includes, but is
not limited to, the following:
a. $61,000, to be entered in the form of a forfeiture money judgment.
5. If any ofthe property described in Paragraph 1, above, as being forfeitable pursuant
to Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section
2461(c), as a result of any act or omission of the defendant ~
a. cannot be located upon the exercise of due diligence;
b. has been transferred or sold to, or deposited with, a third party;
c. has been placed beyond the jurisdiction of the Court;
d. has been substantially diminished in value; or
e. has been commingled with other property which cannot be divided without
difficulty;
it is the intention of the United States, pursuant to Title 28, United States Code, Section 2461(c),
incorporating Title 21, United States Code, Section 853(p), to seek forfeiture of any other property
of the defendant up to the value of the property described in Paragraph 1 above.
All pursuant to Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United
States Code, Section 2461(c).
ANDREW E. TELLING
UNITED STATES ATTORNEY
By:
R.Ha]
Date; ij4 l±
t U.S. Attorn
Case 1:19-cr-10332-RWZ Document 1-1 Filed 09/06/19 Page 1 of 2
•^JS 45 (5/97) - (Revised U.S.D.C. MA 3/25/2011)
Criminal Case Cover Sheet U.S. District Court - District of Massachusetts
y^^tigating Agency IRS/FBI/HUD-OIG

Place of Offense: Category No.
><'' CLCRKSol
Fall River, Boston Related Case Information:
/If!) crp tu
18-10364-DPW
County Bristol, Suffolk Superseding Ind./%f. 03 Case No.
Same Defendant New Defendant ^
Magistrate JudgeLC#$^|îl!i|t:Q]n
Search Warrant q
R 20/R 40 from District of
Defendant Information:
Defendant Name DavId Hebert Juvenile: • Yes IZl No

Is this person an attorney and/or amember of any state/federal bar: • Yes No
Alias Name
Address (City & State) Fa" R'ver, MA
Birth date (Yr only):

1965
SSN (last4#) .2942 Race
. w Nationality:. U.S.
Defense Counsel if known: Brad Bailey Address 44 School Street

Suite 1000B
Bar Number
Boston, MA 02108
U.S. Attorney Information:
AUSA Zachary Flafer Bar Number if applicable
Interpreter: Q Yes No List language and/or dialect:

Victims: [^Yes | |No Ifyes, are there multiple crime victims under 18 USC§3771(d)(2) • Yes No
Matter to be SEALED: O Yes [7] No
j [warrant Requested Regular Process In Custody
Location Status:
Arrest Date
[Âlready in Federal Custody as of m
[Âlready in State Custody at [^Serving Sentence I waiting Trial

• On Pretrial Release: Ordered by: on
Charging Document: Q Complaint [7]Information • Indictment

Total # ofCounts: | |Petty I [Misdemeanor [7| Felony
Continue on Page 2 for Entry of U.S.C. Citations
[7] I hereby certify that the case numbers ofany prior proceedings before a Magistrate Judge are
accurately set forth above. ' ^
Date: 09/06/2019 Signature of AUSA:

Case 1:19-cr-10332-RWZ Document 1-1 Filed 09/06/19 Page 2 of 2
JS 45 (5/97) (Revised U.S.D.C. MA 12/7/05) Page 2 of 2 or Reverse
District Court Case Number (To be filled in by deputy clerk):
Name ofDefendant David Hebert

U.S.C. Citations
Index Kev/Code Description of Offense Charged Count Numbers
18U.S.C. §1951 Extortion Conspiracy
18 U.S.C. § 1951 Extortion

Set 2
18 U.S.C. § 1001(a)(2) Faiso Statements

Sets
Set 4
Sets
Set 6
Set?
Set 8
Set 9
Set 10
Set 11
Set 12
Set 13
Set 14
Set 15
ADDITIONAL INFORMATION:
cr js-45-MA2011,wpd - 3/25/2011

David Hebert Complaint

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Case 1:19-cr-10332-RWZ Document 1 Filed 09/06/19 Page 1 of 6

UNITED STATES DISTRICT COURT 0FFIC£

Count One: Extortion Conspiracy

Defendant Count Two: Extortion

Count Three: False Statements

The United States Attorney charges:

Massachusetts, and elsewhere, the defendant,

under color of official right.

All in violation of Title 18, United States Code, Section 1951.

The United States Attorney further charges:

Massachusetts, and elsewhere, the defendant,

marijuana businesses in Fall River, under color of official right.

The United States Attorney further charges:

3. On or about January 15, 2019, in Boston, in the District of Massachusetts, the

as a financial conduit for Correia.

All in violation of Title 18, United States Code, Section 1001(a)(2).

not limited to, the following:

a. $61,000, to be entered in the form of a forfeiture money judgment.

5. If any ofthe property described in Paragraph 1, above, as being forfeitable pursuant

2461(c), as a result of any act or omission of the defendant ~

a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third party;

c. has been placed beyond the jurisdiction of the Court;

d. has been substantially diminished in value; or

of the defendant up to the value of the property described in Paragraph 1 above.

Criminal Case Cover Sheet U.S. District Court - District of Massachusetts

y^^tigating Agency IRS/FBI/HUD-OIG

Defendant Name DavId Hebert Juvenile: • Yes IZl No

Address (City & State) Fa" R'ver, MA

Birth date (Yr only):

Defense Counsel if known: Brad Bailey Address 44 School Street

AUSA Zachary Flafer Bar Number if applicable

Interpreter: Q Yes No List language and/or dialect:

[^Already in Federal Custody as of m

[^Already in State Custody at [^Serving Sentence I waiting Trial

Charging Document: Q Complaint [7]Information • Indictment

Date: 09/06/2019 Signature of AUSA:

District Court Case Number (To be filled in by deputy clerk):

Name ofDefendant David Hebert

Index Kev/Code Description of Offense Charged Count Numbers

18U.S.C. §1951 Extortion Conspiracy

18 U.S.C. § 1951 Extortion

18 U.S.C. § 1001(a)(2) Faiso Statements

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