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Retired Boston Police Officers Continue to Receive Pensions Despite Fraud Convictions

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News Summary

Several retired officers from the Boston Police Department, recently convicted for overtime fraud, are still receiving their pensions, raising concerns about accountability in the pension system. Some of these officers earn over $90,000 annually, despite their criminal convictions, as Massachusetts law allows them to retain their pensions unless due process is followed for forfeiture. This situation has sparked discussions about police accountability and the challenges in managing pensions for convicted law enforcement officials.

Boston – Several retired officers from the Boston Police Department (BPD), who were federally sentenced for overtime fraud, continue to receive their pensions despite their convictions. According to information from the Boston Retirement System, eight former officers are currently in active pay status, raising concerns about accountability and financial implications for the pension system.

Among these eight retirees, four of them earn more than $90,000 annually. Notably, Sergeant Gerard O’Brien, who received a sentence of two years of supervised release along with six months of home detention, earns $103,560 per year, translating to $8,630 a month. O’Brien’s conviction stemmed from his involvement in submitting false overtime slips for shifts he never worked at a BPD evidence warehouse. He was also required to pay restitution of $25,930 and a fine of $5,000.

Another officer, Sergeant William Baxter, has an annual pension of $94,908 ($7,909 monthly) and was sentenced to three years of supervised release after collecting $9,223 for overtime he did not work. Similarly, Sergeant George Finch receives $89,544 per year ($7,462 monthly) and was sentenced to three years of probation for collecting $16,151 in unworked overtime claims. Officer Thomas Nee has a pension of $96,564 annually ($8,047 monthly) and also faced a two-year supervised release after being found guilty of claiming $16,151 in fake overtime.

Additional officers include Diana Lopez, who earns $91,368 yearly ($7,614 monthly) and received a six-month prison sentence along with two years of supervised release for collecting $36,028 in fraudulent overtime. Officer James Carnes earns $82,068 annually ($6,839 monthly) and was sentenced to two years of supervised release after he submitted false overtime slips totaling more than $20,000. Officer Craig Smalls has a pension of $89,868 per year ($7,489 monthly) and was sentenced to two years of probation for claiming $16,252 for non-worked overtime. Lastly, Officer Joseph Nee, who receives $27,900 annually ($2,325 monthly), was sentenced to probation over $12,636 in fraudulent overtime claims.

A spokesperson for the Boston Retirement System confirmed that the eight individuals retain their active pension status. Massachusetts law stipulates that a federal conviction does not automatically revoke pensions, and due process is required for any potential pension forfeiture under G.L. c. 32, §15. Hearings are conducted for those cases being considered for pension loss.

This situation mirrors a broader concern over the handling of pensions for convicted officers. Another BPD officer, Michael Murphy, is not receiving any pension benefits as he was suspended prior to the processing of his retirement benefits while under indictment. Meanwhile, federal authorities have taken action against Robert Kennedy, a former Massachusetts police detective, garnishing his pension to pay restitution after his conviction for wire fraud in connection with eviction and rental scams. The garnishment allows the federal government to collect 25% of Kennedy’s monthly retirement benefit, which is approximately $5,000 until the restitution amount is satisfied.

The complexities surrounding pensions for convicted officers extend beyond the BPD. Gary Cederquist, a former police officer convicted for participation in a bribery scheme linked to Commercial Driver’s License (CDL) fraud, is awaiting sentencing but currently takes home over $100,000 per year from his state pension. His pension status will be evaluated following sentencing, adding to the scrutiny surrounding pension funds and their management regarding law enforcement officials found guilty of criminal activities.

As the conversations regarding police accountability continue, the case of these retired officers illustrates the challenges inherent in aligning pension policies with standards of conduct within law enforcement. The ongoing situation raises questions about the protections afforded to retirees with criminal convictions and how best to hold public servants accountable for their actions.