Ex-Massachusetts State Police union president, lobbyist get some convictions reversed
The disgraced former union leader of the Mass State Police and the union’s ex-lobbyist have had some of their federal convictions reversed by an appeals court.
Dana Pullman, the ex-prez of the State Police Association of Massachusetts, and lobbyist Anne Lynch were sentenced a couple years ago for racketeering, fraud, obstruction of justice, and tax crimes.
The federal convictions for the former trooper and the ex-head of the political lobbying firm Lynch Associates arose out of alleged kickback schemes between the two.
But on Monday, the U.S. Court of Appeals for the 1st Circuit reversed some of the convictions.
“Because the government concedes acquittal should have been entered for the wire fraud convictions of both defendants and for one count of Lynch’s tax fraud convictions, we reverse the judgment on those counts,” the Boston appeals court wrote.
The government conceded that acquittal judgments should be entered for wire fraud “in light of the manner in which the evidence developed at trial and post-trial developments in the law.”
“We also find the evidence insufficient to support Lynch’s conviction for obstruction of justice by attempting to manipulate records in response to a subpoena, and therefore reverse on that count,” the court added. “Otherwise, having considered the defendants’ arguments on appeal, we affirm their convictions for honest-services wire fraud, obstruction of justice, conspiracy to defraud the United States, and a racketeering conspiracy.”
Following both the reversal and affirming of convictions, the case will be remanded to the district court for resentencing in light of this ruling.
Pullman had been sentenced to 30 months in prison, three years of supervised release and restitution. Lynch had been sentenced to two years in prison, two years of supervised release and restitution. Lynch was also ordered to pay a fine of $25,000.
SPAM is an association consisting of more than 1,500 troopers and sergeants from Mass State Police. Pullman, who was a trooper from 1987 to 2018, was the president of SPAM from 2012 until his resignation in 2018. Lynch’s lobbying firm represented SPAM during the same time period, in exchange for monthly retainer payments.
According to the feds, Pullman and Lynch turned SPAM into a racketeering enterprise — using Pullman’s position and power to defraud SPAM members, the state, and vendors looking to do business with MSP.
The pair was convicted for defrauding SPAM members and the state of their right to honest services from Pullman, when Lynch paid Pullman a $20,000 kickback in connection with a settlement agreement between SPAM and the state.
Pullman was also convicted of embezzling and misusing SPAM funds for personal use by using a debit card tied to a SPAM bank account — paying for thousands of dollars of meals and travel for his romantic partner.
Pullman and Lynch were convicted by a federal jury of one count of racketeering conspiracy, one count of honest services wire fraud, three counts of wire fraud, one count of obstruction of justice and one count of conspiracy to defraud the IRS.
Pullman was also convicted of two additional counts of wire fraud and two counts of aiding and assisting the filing of a false tax return. Lynch was convicted of an additional count of obstruction of justice and four counts of aiding and assisting in the filing of a false tax return.
In part of their appeal, they challenged their racketeering conspiracy convictions.
“Pullman and Lynch’s sole argument is that their RICO charges fail because ‘the evidence failed to establish that (their) conduct constituted wire fraud or obstruction,’ ” the court wrote. “But this contention gets them nowhere: Even putting aside the wire fraud convictions that the government concedes should be overturned, we have already held that the evidence supports the obstruction and honest-services wire fraud verdicts. As a result, Pullman and Lynch’s challenge to their RICO conspiracy convictions fails.”
