Criminal Charges:
Man charged in the Middlesex County; Ayer District Court for:
- Two (2) Counts of Larceny Over $1,200 – M.G.L. c. 266, § 30(1)
Case Overview:
A man’s sister died, and he was appointed legal guardian and representative payee by the Social Security Administration of her two adoptive daughters. The man created a personal monthly budget for the girls, set up savings accounts for them with their social security survivor benefits they received for his deceased sister, and used these monies to pay for their necessary day-to-day care. The man would pay for the girls’ expenses, and then withdraw money from their accounts thereafter, to reimburse himself. After being in the man’s custody and under his care for approximately 18 months, one of the girls made allegations that the man had sexually molested her. The man, a former law enforcement officer with no criminal history, absolutely maintained his innocence to these allegations. Both girls were then removed from his home by the Department of Children and Families (DCF) and placed under the care of the man’s other sister, who was conservator of the girls’ accounts, and had been able to review the withdrawals that the man was making. She then reported to police that the man withdrew over $60,000 from the girls’ accounts and alleged he was stealing their money. The man was then charged by the Townsend Police Department with two counts of Larceny over $1,200 and retained the Law Office of John L. Calcagni III, Inc. to defend him against these allegations.
Case Result: Case Dismissed
The police narrative written and filed in support of these allegations made no direct reference to the man’s legal authority to manage and use the girls’ money to support them, and made it seem as if the man was withdrawing money for his own personal benefit. Attorney Calcagni’s office filed a motion to dismiss the larceny charges based on the evidence set forth by law enforcement failing to establish probable cause to believe that the man stole any money from the girls. Following competing arguments by the District Attorney’s Office and Defense Counsel, the motion was allowed, and the charges were dismissed.
