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Press Release

Middleborough Man Indicted for Firearm Offense

For Immediate Release
U.S. Attorney's Office, District of Massachusetts
Former FedEx driver allegedly stole packages containing firearms

BOSTON – A Middleborough man has been indicted by a federal grand jury in Boston in connection with his alleged theft and attempted sale of three firearms from FedEx packages he was responsible for delivering.

Frank P. O’Toole, 39, was indicted on two counts of possession or sale of a stolen firearm. O’Toole was previously arrested and charged by criminal complaint on Aug. 12, 2022.

According to the charging documents, O’Toole previously worked as a FedEx delivery truck driver out of a FedEx facility. It is alleged that, 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 allegedly 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.

United States Attorney Rachael S. Rollins; 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 Rollins’ Major Crimes Unit is prosecuting the case.

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

Updated September 13, 2022

Firearms Offenses