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Press Release

Retired Boston Police Captain Sentenced to Federal Prison for Overtime Fraud Scheme

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

BOSTON – A retired Captain of the Boston Police Department was sentenced today in federal court in Boston for participating in a long-running overtime fraud scheme at the Boston Police Department (BPD) that cost taxpayers hundreds of thousands of dollars in fraudulent overtime payments.

Richard Evans, 65, of Hanover, was sentenced by U.S. District Court Judge Richard G. Stearns to one year and a day in federal prison, two years of supervised release, restitution of $154,249.20 and a fine of $15,000. In March 2024, a federal jury convicted Evans of conspiracy to commit theft concerning programs receiving federal funds, theft concerning programs receiving federal finds, conspiracy to commit wire fraud and wire fraud. Evans was arrested and charged in March 2021 after a lengthy investigation into the overtime practices of Evans and other BPD officers proved that officers had been lying on their overtime slips so that they could get paid for countless hours that they did not work.  

“Members of law enforcement are expected to uphold the law, not violate it,” said Acting United States Attorney Joshua S. Levy. “Mr. Evans abused the public trust and violated his oath, and his greed corrupted others in the department. His actions do not reflect the selfless, outstanding work done every day by thousands of Boston Police Department officers and police officers across the Commonwealth. To anyone who may be tempted to follow a similar path, today’s sentence should send a strong message that police officers who steal taxpayer money by fraudulently trying to get paid for hours they do not work will be held accountable and face significant penalties.”

“After 37 years on the force, Richard Evans should know that crime doesn’t pay. Nonetheless, he orchestrated this long-running overtime fraud scheme, ensnared his former officers, and ignored all ethical boundaries in order to make a buck," said Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “The public’s trust is critical for our justice system to function properly, which is why the FBI will do everything in its power to bring officers whose criminal actions undermine that trust to justice. We thank the Boston Police Department for its help in rooting out this egregious fraud.”

“Today’s sentencing sends a clear message that public servants who cheat and steal will be held accountable. Evans participated in and orchestrated a scheme to defraud taxpayers by submitting and certifying fraudulent overtime for himself and subordinate officers. This is not a victimless crime. His illicit gains were at the expense of the taxpayers,” said Timothy C. Edmiston, Special Agent in Charge of the Department of Justice Office of the Inspector General Mid-Atlantic Region.

   Evans, who retired from the BPD shortly after he was charged in this case, was a 42-year veteran of the BPD and one of the highest-ranking officers in the department. From May 2012 to March 2016, Evans was the commander of BPD’s Evidence and Supply Management Division, where he was responsible for, among other things, overseeing the Evidence Control Unit (ECU) that stored and managed all the evidence for the BPD.    

The investigation revealed that that when BPD’s evidence warehouse started overflowing with evidence, the department authorized an overtime program to “purge” old and unneeded evidence to make room for new evidence. As part of this purge overtime program, officers in the ECU were authorized to work up to four hours a day, after their regular day shift, to help purge old evidence.

For virtually the entirety of the time that Evans was in charge of the ECU, Evans and those under his command abused the purge overtime program to unjustly enrich themselves. For the purge program, it was contemplated that officers would work up to four hours of overtime in a day, typically from 4:00 to 8:00 from Mondays to Thursdays. The evidence showed that officers rarely worked the hours they were supposed to work, often working only an hour or two of overtime but claiming they worked four hours. Given that overtime was paid at 1.5 times the regular pay rate, this meant that officers could get six hours of pay for claiming four hours of overtime, even though in reality they were only working for an hour or two.  

As part of this scheme, for multiple years, officers falsely claimed on BPD pay forms that they worked four hours of overtime when they routinely did not. The BPD’s policies and protocols required that officers, after every shift, submit overtime slips certifying the “actual hours worked” during any shift. On countless occasions over multiple years, Evans and other officers in his unit submitted slips overstating their actual hours worked. The BPD’s evidence warehouse, where the ECU is based, is secured and alarmed when officers are not working in it.  Alarm records from the evidence warehouse were introduced to show that the building was not even open during hundreds of hours when Evans and other officers had falsely claimed that they were inside the building purging old evidence.  

Evans submitted slips for hundreds of overtime hours he did not work. As a supervisor, Evans also approved the overtime slips of officers under his command who falsely claimed payment for hundreds of overtime hours they did not work. Evans also misled his superior officers about the purge overtime scheme to cover up the fact that officers were inflating their overtime hours and routinely not working even half the number of hours they were claiming.

On top of his base salary, Evans received over $120,000 in overtime payments during his nearly four years as commander of the ECU, including over $17,000 in overtime payments for hours that the evidence warehouse was not even open during the hours Evans claimed he was working. The overtime pay received by Evans allowed his total pay to exceed $200,000 for each of the years between 2013 and 2016 when he led that unit.  

Acting U.S. Attorney Levy; SAC Cohen; DOJ-OIG SAC Edmiston; and Boston Police Commissioner Michael Cox made the announcement today. Assistant U.S. Attorneys Kunal Pasricha and Elysa Wan of the Criminal Division prosecuted the case at trial. 

Updated October 24, 2024

Topic
Public Corruption