Massachusetts pensions: Several convicted Boston Police officers are still taking home a pension
It’s not only some convicted staties who are still raking in a pension.
Several Boston Police retirees who were federally sentenced in connection with OT fraud continue to take home a pension, the Herald has learned.
Eight convicted BPD retirees are still in active pay status, according to data from the Boston Retirement System in response to a public records request.
Four of these former Boston cops are earning more than $90,000 a year, including an ex-sergeant who takes home more than $100,000.
Here’s a rundown of these convicted cops, and how much they’re still making from their pension:
Sgt. Gerard O’Brien — $103,560 ($8,630 a month)
O’Brien was sentenced in connection with an investigation of overtime fraud at BPD’s evidence warehouse. The sergeant submitted false and fraudulent overtime slips for OT shifts that he did not work at the warehouse.
The “purge” overtime was a 4-8 p.m. weekday shift intended to dispose of old, unneeded evidence. “Kiosk” overtime involved driving to each police district in Boston one Saturday a month to collect old prescription drugs to be burned.
For the “purge” shift, O’Brien claimed to have worked from 4-8 p.m., but he and other members of the unit routinely left at 6 p.m., or earlier.
For the “kiosk” shift, O’Brien submitted overtime slips claiming to have worked 8.5 hours, when in fact he and other members of the unit only worked three-to-four hours of those shifts.
As a supervisor, O’Brien endorsed fraudulent overtime slips submitted by the officers at the warehouse for those shifts.
Between December 2016 and February 2019, O’Brien collected about $25,930 for overtime hours he did not work.
He was sentenced to two years of supervised release, with six months to be served in home detention. O’Brien was also ordered to pay $25,930 in restitution and a $5,000 fine.
Sgt. William Baxter — $94,908 ($7,909 a month)
Baxter was also sentenced for his involvement in the long-running OT fraud scheme at the evidence warehouse.
Between March 2015 and June 2016, Baxter collected about $9,223 for overtime hours he did not work.
The sergeant was sentenced to three years of supervised release, with seven months to be served in home detention. Baxter was also ordered to pay a fine of $20,000 and restitution of $9,223.
Sgt. George Finch — $89,544 ($7,462 a month)
Between March 2015 and December 2016, Finch collected about $16,151 for overtime hours he did not work.
The sergeant was sentenced to three years of probation, followed by six months to be served in home detention. Finch was also ordered to pay $11,310 in restitution.
Officer Thomas Nee — $96,564 ($8,047 a month)
Between February 2015 and February 2018, Nee collected about $16,151 for overtime hours he did not work.
The officer was sentenced to two years of supervised release. Nee was also ordered to pay a fine of $2,000, as well as $16,151 in restitution.
Officer Diana Lopez — $91,368 ($7,614 a month)
Between January 2015 and February 2019, Lopez collected about $36,028 for overtime hours she did not work.
The officer was sentenced to six months in prison followed by two years of supervised release. Lopez was also ordered to pay a $5,000 fine and $36,028 in restitution.
Officer James Carnes — $82,068 ($6,839 a month)
Between July 2016 and February 2019, Carnes submitted false and fraudulent OT slips for more than $20,000 in overtime fraud at the evidence warehouse.
The officer was sentenced to two years of supervised release, with the first six months in home detention. Carnes was also ordered to pay a $5,000 fine and $20,106 in restitution.
Officer Craig Smalls — $89,868 ($7,489 a month)
Between January 2015 and September 2016, Smalls collected about $16,252 for overtime hours he did not work.
The officer was sentenced to two years’ probation. Smalls was also ordered to pay a $16,000 fine, as well as $16,252 in restitution.
Officer Joseph Nee — $27,900 ($2,325 a month)
Between January 2015 and August 2017, Nee collected about $12,636 for overtime hours he did not work.
The officer was sentenced to two years’ probation. Nee was also ordered to pay a $2,000 fine and restitution of $12,636.
A spokesperson for the Boston Retirement System confirmed that these eight BPD retirees are in active pay status for their pension.
A federal conviction does not lead to automatically stripping a pension, according to the spokesperson.
“Massachusetts law allows for due process for those Members subject to pension forfeiture pursuant to G.L. c. 32, §15,” the spokesperson added. “All of the below, except one, have had hearings before a hearing officer. Given the volume of cases, we anticipate that most, if not all, will be presented for Board consideration at the June and/or July board meetings.
“We note that Section 15(6) states that when a ‘member’s final conviction of an offense results in a forfeiture of rights under this chapter, the member shall forfeit, and the board shall require the member to repay, all benefits received after the date of the offense of which the member was convicted,’ ” the spokesperson added.
Officer Michael Murphy — who collected about $16,014 for OT hours he did not work, and was sentenced to two years of supervised release — is not in pay status because when he applied for retirement benefits, he was suspended by his employer while under indictment.
“G.L. c 268A, §25 precludes the payment of a retirement benefit in such a circumstance,” the spokesperson said. “The Board’s refusal to initiate retirement benefits was the subject of an appeal by Mr. Murphy to the Division of Administrative Law Appeals, which was ultimately dismissed in favor of the Board’s decision.”
