Mashpee Wampanoag to receive restitution after bribery conviction. Here's the latest.

Cedric Cromwell, the former chairman of the Mashpee Wampanoag Tribe, has been ordered to pay $250,000 in restitution to the tribe, alongside David DeQuattro, following their bribery convictions in May, according to a brief in U.S. District Court.

Cromwell and DeQuattro, owner of a Rhode Island architecture and design firm, were found equally responsible for legal expenses incurred by the Mashpee tribe and were ordered to repay the bulk of the amount jointly, according to court documents filed in December.

The two men were convicted of bribery, with charges stemming from the Tribe's plans to build a resort and casino in Taunton. Cromwell contracted the casino project to Robinson Green Beretta Corp., which was represented by DeQuattro, court documents show. Cromwell was sentenced in November to three years in prison.

Cedric Cromwell
Cedric Cromwell

On Jan. 9, the government increased a $233,218 restitution request by $16,409, to include three additional legal service invoices from Rankin & Sultan, one of three law firms retained by the Mashpee Tribe, according to a supplemental court document. The invoices were omitted from the original restitution order, due to an oversight by Assistant U.S. Attorney Christine Wichers.

With the increase, the restitution is comprised of total fees and disbursements the tribe paid to law firms including Todd & Weld, Jackson Lewis and Rankin & Sultan, in connection with the government’s investigation and the prosecution of the case.

Former Mashpee Wampanoag Tribe chairman sentenced to prison for bribery

Brian Weeden, Mashpee Wampanoag Tribal Council chair, said the requested restitution brings the tribe closer to realizing justice, but no amount of money can make up for damages caused by Cromwell and DeQuattro's crimes.

"What Cedric and David did eroded the tribe's trust in our elected officials," said Weeden.

The Mashpee Wampanoag Tribe owns land in Mashpee and Taunton and has about 2,600 enrolled citizens.

Reasons for restitution to the Mashpee Wampanoag

The Tribe incurred $239,726 in expenses, according to the brief on restitution, during its review and production of records in response to grand jury subpoenas; through legal representation expenses, including attorneys that monitored tribal interests at hearings and the trial.

U.S. District Court documents refer to the tribe as a victim and said its reputation was severely damaged as a result of Cromwell’s indictment, conviction, and sentence for bribery in connection with the tribe’s plans to build a resort and casino. That injury caused distrust on the part of potential lenders for the project, obstructing the tribe’s ability to obtain financing for economic development, according to the documents.

Former Mashpee Wampanoag Chairman Cedric Cromwell sentenced to 3 years in prison

The U.S. District Court said the tribe was directly and indirectly financially victimized by DeQuattro, according to the brief on restitution. Because the tribe's Gaming Authority hired DeQuattro and his firm Robinson Green Beretta to serve as the architect of record for its low-income housing and child care facility, the hiring of new architects for both projects caused delays and cost increases once Cromwell and DeQuattro were indicted in 2020.

Tribal leaders also spent time and resources assuring investors and development partners that it was not complicit in Cromwell and DeQuattro's conspiracy.

Cromwell and DeQuattro debunk restitution

In a U.S. District Court reply brief, Cromwell and DeQuattro said the restitution request was untimely; and denied being convicted of an offense against property. The defendants said the tribe didn't suffer a financial loss and wasn't directly and immediately harmed as a result of the defendants’ crimes, and therefore shouldn't be considered a victim under the law.

David DeQuattro
David DeQuattro

The U.S. District Court argued that a governmental entity can be considered a victim, in the case where an offense involves a scheme, conspiracy or pattern of criminal activity.

Additionally, DeQuattro contends tribal legal fees and expenses aren't reimbursable under certain sections of the law; or necessary to the tribe’s prosecution of DeQuattro.

Cromwell must pay fine in addition to prison time

In addition to his prison sentence, Cromwell must pay a fine of $25,000 and be under supervised release for one year after his three-year prison term, according to Wichers.

Ahead of his sentencing hearing, the tribe submitted a victim impact statement to the court asking for Cromwell to serve the maximum sentence possible under the law.

"For over 400 years, the tribe has fought to preserve its culture, lands and protect its people from constant exploitation and oppression," the statement reads. "And yet, we are now facing the ultimate act of betrayal by one elected and entrusted to lead and act in the best interests of our tribal nation and future seven generations.”

On Nov. 21, Cromwell filed a motion to stay the execution of the sentence and to be released on bail pending an appeal, court records showed. The court has not yet made a decision on the request.

Cromwell’s attorney Timothy Flaherty could not be reached for comment.

Staff writer Rachael Devaney can be reached at rdevaney@capecodonline.com.

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This article originally appeared on Cape Cod Times: Former Mashpee Wampanoag chair Cromwell ordered to pay restitution