Verdict in federal trial: Former troopers found guilty of OT fraud, all counts

WORCESTER - A federal jury Tuesday convicted two former state troopers, including one from Westborough, of all the charges they faced regarding allegations they orchestrated more than $130,000 in federal overtime theft.

Lt. Daniel J. Griffin, 60, of Belmont, and Sgt. William R. Robertson, 61, of Westborough, commanders of a special state police traffic unit, were each found guilty of one count of conspiracy to steal federal funds, one count of aiding and abetting theft of federal funds and three counts of aiding and abetting wire fraud.

Griffin and Robertson — each of whom will face the prospect of prison time — were allowed to remain free pending sentencing slated for March 20. They declined to comment through their lawyers upon exiting the courtroom.

"Disappointed," Thomas M. Hoopes, Griffin's lawyer said, adding he had no immediate further comment.

For the past two weeks, prosecutors have presented voluminous evidence, from cruiser location tracking data to immunized testimony from subordinates, that the small traffic unit Griffin and Robertson helmed collected overtime pay for hundreds of hours they did not work.

“No one knew the system better than these two guys and no one knew how to cheat the system better than these two guys,” Assistant U.S. Attorney Adam W. Deitch alleged during closing arguments Monday.

Prosecutors alleged that Griffin and Robertson coordinated with the handful of troopers in their unit to steal at least $135,000 in overtime from 2015 to 2017 by falsely inflating the numbers of hours they worked.

The troopers regularly worked only about one hour of scheduled four-hour traffic enforcement shifts and frequently put in less time than they claimed at sobriety checkpoints, prosecutors said. Despite troopers in larger units correctly listing the time they worked, the small traffic unit falsely coordinated their hours to collect thousands they did not deserve, they said.

Griffin, who prosecutors alleged netted $60,000 from the scheme, did not visibly react as the verdict was read by the 14-person jury Tuesday. Robertson, who prosecutors said took home $32,000, shook his head after the first two counts against him were read.

Jurors — who sat through many hours of oftentimes dense testimony over 10 days of trial — took less than four hours to reach their verdict, which they delivered around 11:30 a.m.

After dismissing jurors, U.S. District Court Judge Margaret R. Guzman scheduled sentencing for March 20.

Guzman said that although the convictions carried a "presumption of detention" prior to sentencing, she would allow Griffin and Robertson to remain free.

Both men rose as Guzman delivered the ruling, which she said owed to the fact that they had not had any problems adhering to pre-trial release conditions and that prosecutors were not requesting they be immediately jailed.

The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000.

The charge of federal program fraud provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000.

The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000.

The theft and conspiracy charges sprung from the theft allegations, while the wire fraud charges related to the troopers accepting the fraudulently obtained overtime pay into their bank accounts.

In closing arguments Monday, lawyers for the troopers had argued that accepting money for time not worked was common both inside and outside the traffic unit, making it impossible for prosecutors to prove their clients acted with criminal intent.

Prosecutors, including the head of the federal Corruption Unit in Boston, Assistant U.S. Attorney Dustin Chao, chafed at the argument, asking jurors to see past what he called a clear distraction.

The reality, Chao told jurors, is that the troopers lied on their timecards, used codewords to end assignments early and destroyed records relating to what they’d done once word of a separate overtime scandal erupted in 2017.

While there were legitimate ways for troopers to collect overtime for time not worked, the federal grants at issue in the traffic unit’s case forbid that, he said, as every state trooper called at trial testified.

Griffin himself had acknowledged the requirements in a routine 2012 interview with federal inspectors, prosecutors noted, while documents related to the federal grant showed he was responsible for ensuring the work was completed.

Chao noted that phone records show Griffin, Robertson and troopers under their command began talking on the phone once word of a federal probe emerged and that one trooper testified under immunity to destroying records at Robertson’s direction and being told by Griffin not to tell prosecutors anything.

Two of the troopers who took immunity deals — Dennis Kelley and John Jakobowski — retired with their pensions, prosecutors have said, while a third, Timothy Weldon, remains on the force.

Records show Weldon has collected nearly $300,000 in paid leave since an internal affairs investigation regarding his conduct was opened in 2020.

David Procopio, communications director for state police, did not immediately respond to an email seeking comment Tuesday.

Procopio said last week that internal affairs investigations into Weldon and other troopers remain open so investigators can consider more evidence.

Procopio left unanswered a query about why Weldon has been placed on paid, as opposed to unpaid, leave.

When then-U.S. Attorney for Massachusetts Andrew E. Lelling announced the charges against Griffin and Robertson in 2020, Lelling said state police were a “premier law enforcement institution that must do a better job self-policing and eliminating this kind of misconduct.

“Everyone must be treated equally under the law and we will keep doing these cases until this kind of abuse stops — abuse that is deeply unfair to the vast majority of law enforcement officers who are doing their job the right way, already under difficult circumstances," Lelling said.

In addition to his convictions Tuesday, Griffin also pleaded guilty to additional, related charges prior to trial that were kept secret until after Tuesday's verdict.

Court records unsealed Tuesday show Griffin, Nov. 27, pleaded guilty to three counts of aiding and abetting wire fraud and 11 counts of aiding and assisting in the filing of false tax returns.

Prosecutors alleged in his indictment that Griffin hid more than $700,000 in revenue from his side security business, KnightPro, from the IRS and also defrauded a private school where he sent his kids by concealing the income when applying for financial aid.

Prosecutors alleged at trial that Griffin spent state police work time including federal overtime, tending to the business, but did not detail the other allegations given his earlier, secret plea.

Guzman noted after the verdict Tuesday that she ordered the plea to be kept secret so as to not hurt Griffin's right to a fair trial on the other charges.

Griffin is to be sentenced on the additional wire fraud and tax fraud charges March 20.

The charge of filing false tax returns provides for a sentence of up to three years in prison, one year of supervised release and a fine of $100,000.

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This article originally appeared on Telegram & Gazette: Trial in Worcester: Former Mass. state troopers guilty of OT fraud