Several retired Boston Police Department (BPD) officers sentenced for their roles in an overtime fraud scheme are still receiving substantial pensions, according to records obtained by the Herald.
Despite their convictions, these retirees remain on active pay status, a situation that raises questions about accountability and the management of public pensions.
A total of eight convicted BPD retirees are still drawing pension payments, with four of them earning over $90,000 annually.
Among these is Sergeant Gerard O’Brien, who earns an annual pension of $103,560, translating to $8,630 monthly.
O’Brien had been convicted for submitting fraudulent overtime slips as part of an investigation into practices at the BPD’s evidence warehouse.
He falsely claimed to have worked overtime during shifts he did not actually complete, specifically during the “purge” and “kiosk” overtime shifts.
During the investigation, it was revealed that O’Brien collected approximately $25,930 for hours he did not work between December 2016 and February 2019.
His sentence included two years of supervised release, with six months served in home detention, along with restitution and a $5,000 fine.
Another prominent retiree is Sergeant William Baxter, who takes home $94,908 annually, or $7,909 monthly.
Baxter was also implicated in the ongoing overtime fraud at the evidence warehouse, receiving roughly $9,223 for unworked overtime hours between March 2015 and June 2016.
He received a sentence involving three years of supervised release, with seven months under home detention, and a fine of $20,000, plus restitution.
Sergeant George Finch earns $89,544 per year, which translates to $7,462 each month.
Between March 2015 and December 2016, he received about $16,151 in fraudulent overtime pay.
Finch was sentenced to three years of probation, including six months to be served in home detention, alongside a restitution payment order.
Officer Thomas Nee, making $96,564 annually ($8,047 monthly), also participated in the scheme, wrongly collecting $16,151 for unworked hours between February 2015 and February 2018.
He too was sentenced to two years of supervised release and ordered to pay a fine and restitution.
Officer Diana Lopez earns $91,368 per year, amounting to $7,614 monthly, and she was sentenced to six months in prison plus two years of supervised release after collecting $36,028 for unworked overtime from January 2015 to February 2019.
Officer James Carnes receives $82,068 annually ($6,839 a month) and was sentenced for submitting fraudulent overtime slips worth over $20,000 from July 2016 through February 2019.
Carnes’s penalties included two years of supervised release, preceded by home detention, alongside a fine and restitution to be repaid.
Officer Craig Smalls takes home $89,868 each year, equating to $7,489 monthly, having received $16,252 in wrongful overtime pay from January 2015 to September 2016.
His sentence entailed two years’ probation, a fine, and restitution.
Officer Joseph Nee receives a significantly lower pension of $27,900 ($2,325 a month) despite having taken about $12,636 in fraudulent overtime pay between January 2015 and August 2017.
He was also sentenced to two years of probation, along with fines and restitution obligations.
The Boston Retirement System confirmed the active pension status of these retirees, citing that a federal conviction does not automatically revoke pension rights.
According to a spokesperson, “Massachusetts law allows for due process for those Members subject to pension forfeiture” and noted that most of these cases would be presented for board consideration in forthcoming meetings.
Under Massachusetts retirement law, officers who have been convicted of certain offenses may have their pensions forfeited after due process.
However, many of the convicted retirees have not yet faced a final decision regarding their pensions.
The spokesperson referred to a specific section of the law which states that when a member’s conviction results in a forfeiture of pension rights, benefits received post-offense must be repaid.
Officer Michael Murphy is notably absent from the list of retirees receiving pension payments because he was suspended pending indictment when he applied for his retirement benefits.
His case was disputed in an appeal that was eventually dismissed in favor of the Board’s decision to deny his pension.
This ongoing situation has sparked discussions about the need for reform in how pensions are handled for police officers convicted of crimes, given that members convicted of serious offenses continue to receive substantial financial benefits.
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