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Stephen P. Aguiar, Jr., Mail Fraud, Massachusetts 2014

BOSTON – Stephen P. Aguiar, Jr., 47, of Westport, is facing federal charges after allegedly defrauding the operator of the Fall River Landfill out of a hefty $473,000 in disposal fees. The scheme, prosecutors say, involved a deliberate misrepresentation of where the trash originated, lining Aguiar’s pockets at the expense of a vital public service.

Aguiar, one of the owners and operators of both Cleanway Disposal & Recycling, Inc. and JS Aguiar Enterprises, Inc., both based in Westport, has been charged with three counts of mail fraud. According to the U.S. Attorney’s Office, the alleged fraud unfolded between 2009 and 2014, a five-year period of calculated deception.

The con worked like this: Aguiar had contracts with the Fall River Landfill, charging different rates depending on the source of the trash. Trash from his private Fall River clients went in at one rate; trash from outside Fall River, at a higher rate. He *also* had a deal with the City of Fall River to haul trash from the Fall River Housing Authority (FRHA) and dump it at the landfill – for free. The problem? Prosecutors allege Aguiar was falsely claiming trash from his paying clients was actually FRHA waste, dodging disposal fees and pocketing the difference.

“Aguiar misrepresented the origin of a significant portion of the trash he disposed at the landfill,” a statement from the U.S. Attorney’s Office reads. He allegedly claimed the trash came from the FRHA when it was, in fact, coming from his private clients. This systematic mislabeling is what prosecutors say allowed him to steal approximately $473,000 from the landfill operator.

If convicted on all counts, Aguiar could face up to 20 years behind bars, three years of supervised release, and a $250,000 fine. He’d also be on the hook for restitution and forfeiture of any ill-gotten gains. However, officials were quick to note that actual sentences in federal cases typically fall below the maximum penalties, depending on a variety of factors.

The investigation was a joint effort by Acting United States Attorney William D. Weinreb, the FBI’s Boston Field Division (led by Special Agent in Charge Harold H. Shaw), Massachusetts Inspector General Glenn A. Cunha, and the U.S. Department of Housing and Urban Development’s Office of the Inspector General (headed by Special Agent in Charge Christina Scaringi). Assistant U.S. Attorney Kristina E. Barclay, from Weinreb’s Public Corruption Unit, is prosecuting the case. It’s important to remember that these are merely allegations at this point, and Aguiar is presumed innocent until proven guilty beyond a reasonable doubt.

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