Gary McCaffrey, Pension Contribution Forgery, Massachusetts 2021

BOSTON – In a shocking turn of events, 66-year-old Gary McCaffrey, owner of Absolute Environmental Inc., a New Hampshire asbestos abatement company, pleaded guilty to making false statements to a pension plan covered by the Employee Retirement Income Security Act.

According to court documents, McCaffrey and his co-defendant Richard Quinn knowingly falsified reports to pension plans about the work performed by undocumented individuals, failing to make required pension contributions of over $337,000. This egregious crime occurred between November 2014 and May 2017.

The U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for August 30, 2021. Pursuant to McCaffrey’s plea agreement, the government will recommend a sentence of two years of supervised release, six months of home confinement and a fine of $10,000 to $25,000.

McCaffrey and Quinn owned and operated Absolute Environmental Inc., an asbestos abatement company. The defendant's scheme to falsify pension reports has caused irreparable harm to the affected individuals and their families. This case serves as a stark reminder of the importance of transparency and accountability in the workplace.

Acting United States Attorney Nathaniel R. Mendell; Nikitas Splagounias, Acting Special Agent in Charge of the U.S. Department of Labor, Office of the Inspector General, Office of Investigations, Labor Racketeering and Fraud, New York Region; and Carol Hamilton, Boston Regional Director of the Employee Benefits Security Administration made the announcement today.

Assistant U.S. Attorney Mark Grady of Mendell’s Public Corruption & Special Prosecutions Unit is prosecuting the case. The defendant's guilty plea marks a significant victory for the government in its pursuit of justice for the victims of this egregious crime.

The charging statute provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Defendant: Gary McCaffrey, 66

Criminal Charges: One count of making false statements to a pension plan covered by the Employee Retirement Income Security Act

City and State: Boston, Massachusetts

Exact Date: The crime occurred between November 2014 and May 2017, with the plea agreement entered on an unknown date

Sentence or Outcome: The government will recommend a sentence of two years of supervised release, six months of home confinement and a fine of $10,000 to $25,000

Dollar Amounts: Over $337,000 in unpaid pension contributions

Source: https://www.justice.gov/usao-ma/pr/company-owner-pleads-guilty-falsifying-pension-contribution-reports-0