Company Owner Pleads Guilty to Falsifying Pension Contribution Reports

BOSTON – An owner of a New Hampshire asbestos abatement company pleaded guilty on Friday, April 30, 2021 in federal court in Boston to making false statements to employee pension plans. 

Richard Quinn, 58, of Sterling, Mass., pleaded guilty to one count of making false statements to a pension plan covered by the Employee Retirement Security Act (ERISA). U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for Aug. 30, 2021.

According to the court documents, Quinn and another individual, Gary McCaffrey, owned and operated Absolute Environmental Inc., an asbestos abatement company. Between November 2014 and May 2017, Quinn and McCaffrey allegedly continued to employ several undocumented individuals after being notified of their status. During this time period, McCaffrey and Quinn are alleged to have knowingly falsified reports to pension plans about the work performed by the undocumented individuals, failing to make required pension contributions of over $337,000. McCaffrey has also agreed to plead guilty.  His plea hearing is scheduled for May 25, 2021.

Pursuant to Quinn’s plea agreement, the government will recommend that Quinn serve a sentence of two years of supervised release, six months of home confinement and a fine of $10,000 to $25,000.

The charging statute provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting U.S. Attorney Nathaniel R. Mendell; Michael C. Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of the Inspector General, Office of Investigations Labor Racketeering and Fraud, New York Region; and Carol Hamilton, Boston Regional Director of the Employee Benefits Security Administration made the announcement. Assistant U.S. Attorney Mark Grady of Mendell’s Public Corruption & Special Prosecutions Unit is prosecuting the case.

The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.