Former Boston Police Captain's Convictions Vacated for Federal Benefits Theft

A federal appeals court has vacated the convictions of a former Boston Police Department captain for federal benefits theft and conspiracy to commit federal benefits theft, ruling that the government failed to produce sufficient evidence to establish that the department received over $10,000 in federal benefits during the relevant time periods. The defendant, Richard Evans, was convicted of submitting false claims to the Boston Police Department for overtime pay and participating in a scheme to submit such claims. However, the court found that the government's evidence was insufficient to meet the requirement of 18 U.S.C. 666(b) that the department received more than $10,000 in federal benefits.

Key Takeaways:

• The defendant, Richard Evans, was convicted of wire fraud, conspiracy to commit wire fraud, and federal benefits theft, but the convictions for federal benefits theft and conspiracy to commit federal benefits theft were vacated due to insufficient evidence.
• The government failed to produce sufficient evidence to establish that the Boston Police Department received more than $10,000 in federal benefits during the relevant time periods.
• The court found that the defendant's participation in a scheme to submit false claims for overtime pay and the submission of those claims themselves were sufficient evidence to support the conspiracy to commit wire fraud conviction.
• The court also found that a willful blindness instruction was appropriate in this case, given the numerous flags of suspicion and the defendant's conspicuous failure to seek clarification from his superiors.
• The defendant's convictions for wire fraud and conspiracy to commit wire fraud were affirmed by the court.
• The case was appealed from the U.S. District Court for the District of Massachusetts and was decided by the U.S. Court of Appeals for the First Circuit on July 1, 2025.

Statistics:

• 18 U.S.C. 666(b) requires that a department receive more than $10,000 in federal benefits in order to commit federal benefits theft.
• The defendant, Richard Evans, was convicted of federal benefits theft and conspiracy to commit federal benefits theft, but the convictions were vacated due to insufficient evidence.
• The court found that the government's evidence was insufficient to meet the requirement of 18 U.S.C. 666(b) that the Boston Police Department received more than $10,000 in federal benefits.

Sources:

• United States v. Evans, 2025 U.S. App. Lexis 13543 (1st Cir.)
• 18 U.S.C. § 666(b)
• U.S. District Court for the District of Massachusetts (Docket No. 24-1988)
• Lawyers Weekly No. 01-125-25
• (July 1, 2025)