BOSTON - A Medford man pleaded guilty today in federal court on charges of making false statements in connection with his application for leave under the Family and Medical Leave Act (“FMLA”), a federal statute that permits employees to use leave time for legitimate medical conditions and the care of ailing family members.PETER A. D’AGOSTINO, 44, pleaded guilty before Chief U.S. District Judge Mark L. Wolf to making false statements in connection with a matter within the jurisdiction of the United States government. Chief Judge Wolf scheduled sentencing for Feb. 9, 2012 at 3:00 p.m. D’Agostino faces up to five years in prison, to be followed by three years of supervised release and a $250,000 fine, as well as restitution in the amount of $18,460.
Had the case proceeded to trial the Government’s evidence would have proven that D’Agostino falsely certified that he was eligible to use FMLA leave, accompanied by forged doctor’s certifications claiming that D’Agostino needed the time to care for an ailing spouse. Instead, the Government would have established that D’Agostino used the leave for purely personal purposes, including a Caribbean vacation. As a result of his false statements, D’Agostino was granted over eight hundred hours of leave over a four year period, at a total cost to the Postal Service of $18,460.16.
United States Attorney Carmen M. Ortiz and Rafael Medina, Acting Special Agent in Charge of the U.S. Postal Service, Office of Inspector General, Northeast Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Zachary A. Cunha.