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Press Release

Former FedEx Driver from Middleborough Pleads Guilty to Selling Firearms He Stole from Packages on His Truck

For Immediate Release
U.S. Attorney's Office, District of Massachusetts

BOSTON – A Middleborough man pleaded guilty today in federal court in Boston to charges stemming from his stealing and selling three firearms from FedEx packages he was responsible for delivering.

Frank P. O’Toole, 40, pleaded guilty to two counts of possession or sale of a stolen firearm. U.S. District Court Judge Angel Kelley scheduled sentencing for Sept. 26, 2023. O’Toole was arrested and charged by criminal complaint in August 2022 and subsequently indicted by a federal grand jury in September 2022. 

O’Toole previously worked as a FedEx delivery truck driver out of a FedEx facility in Middleborough. Between October 2021 and June 2022, O’Toole stole three packages he was responsible for delivering, each containing a firearm intended for a Federal Firearms Licensee. On Aug. 9, 2022 and Aug. 12, 2022, O’Toole sold the three firearms to an undercover agent during two separate controlled purchases.

The charge of possession of a stolen firearm provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives; and Middleborough Police Chief Joseph Perkins made the announcement today. Assistant U.S. Attorney Elianna J. Nuzum of Levy’s Major Crimes Unit is prosecuting the case.

Updated June 16, 2023

Firearms Offenses