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BOSTON – Three men have been indicted on state and federal charges in connection with their efforts to hide the financial interest of a convicted felon in a parcel of land in Everett from Wynn Resorts, Limited (Wynn Resorts) and from state gaming regulators, U.S. Attorney Carmen Ortiz and Attorney General Martha Coakley’s Office announced today. The men all held a financial interest in FBT Everett Realty LLC (FBT), which held title to a parcel of land Wynn Resorts has proposed to locate a destination resort casino.
Charles Lightbody, 54, of Revere, Dustin DeNunzio, 37, of Cambridge, and Anthony Gattineri, 56, of Winchester, were indicted yesterday by a federal grand jury for their role in concealing from Wynn Resorts and Massachusetts gaming regulators the financial interests of Lightbody, a convicted felon and known New England Family of La Cosa Nostra (NELCN) associate, in the land and to obtain money from Wynn Resorts in exchange for the land. Each is charged with conspiracy to commit wire fraud, wire fraud and aiding and abetting.
It is alleged that, between December 2012 and July 2013, in order to conceal Lightbody’s financial interest from Wynn Resorts and the Massachusetts Gaming Commission (MGC), DeNunzio, Gattineri and Lightbody represented to others that Lightbody transferred his interest in FBT to Gattineri in exchange for a $1.7 million promissory note and arranged for the creation and execution of two fraudulent versions of documents reflecting the transaction. In addition, on Jan. 17, 2013, DeNunzio sent an email to Wynn Resorts falsely stating that DeNunzio, Gattineri and a third individual were the only people who had interest in FBT, when in fact Lightbody had a financial interest in FBT. In July 2013, DeNunzio, Gattineri and Lightbody also misled the MGC’s investigators about Lightbody’s interest in the land.
In addition to the federal charges, on Monday, a state grand jury charged Lightbody, DeNunzio and Gattineri with impeding a gaming investigation, conspiracy and tampering with evidence. Lightbody was also indicted for assault and battery on a person over 60 resulting in bodily injury. Those indictments were unsealed today.
It is alleged in the state indictments that in the summer of 2013, Lightbody, DeNunzio and Gattineri made concerted efforts to conceal Lightbody’s partnership in FBT, the entity that owns the Everett Parcel, on which Wynn Resorts proposes to build a casino, from the MGC investigators.
Despite attempts by Lightbody, DeNunzio and Gattineri to show that Lightbody was no longer a partner of FBT during FBT’s negotiations with casino companies, investigators determined that Lightbody was, in fact, still a partner at that time. The state investigation revealed that these three defendants allegedly attempted to hide Lightbody’s involvement in the company because he has a criminal record.
State authorities also allege that Lightbody assaulted a man during a casino election rally in Revere on Oct. 12, 2013.
All three defendants, who were arrested today, will appear in U.S. District Court in Boston at a time to be determined. They will also be arraigned in Middlesex Superior Court at a later date and Lightbody will be arraigned on the assault charge in Suffolk Superior Court also at a later date.
The conspiracy statute provides a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss, whichever is greater. The wire fraud statute provides a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss, whichever is greater. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
On the state charges all of the defendants face up to five years in jail.
The federal case is being investigated jointly by the Federal Bureau of Investigation in Boston, the Massachusetts State Police and the Massachusetts Department of Correction, in collaboration with the Attorney General’s Office. The federal case is being prosecuted by Kristina E. Barclay of Ortiz’s Public Corruption Unit.
The state case is being prosecuted by Assistant Attorneys General David Rubin and Patrick Hanley of AG Coakley’s Gaming Enforcement Division. The case was investigated by the State Police assigned to the AG’s Gaming Enforcement Division in collaboration with the FBI and the U.S. Attorney’s Office. The AG’s Office received assistance from the Suffolk County District Attorney’s Office, the Revere and Everett Police Departments, the Massachusetts Department of Corrections, and the State Police Fusion Center.
For information on the state charges, please contact Brad Puffer at the Attorney General’s Office at 617-727-2543.