Three Former MBTA Transit Police Officers to be Arraigned on Thefts of Overtime and Regular Pay

BOSTON, July 9, 2021— Following an investigation by the MBTA Transit Police Department, the Massachusetts Office of the Inspector General and Suffolk County District Attorney’s Office, three former members of the TPD are facing charges of receiving a total of more than $14,000 in overtime and regular pay that they did not earn.

Former TPD LT. KENNETH BERG, SGT. MICHAEL ADAMSON and SGT. JASON MORRIS are charged with one count each of larceny of more than $250 by single scheme.  Each is expected to be arraigned in the Central Division of Boston Municipal Court on July 20, 2021.  Each of the charged officers is accused of either leaving their shifts early or not being present at all during shifts that they were paid in full to work.  TPD launched separate, internal investigations into each of the three officers after concerns or allegations were raised.

The investigations were subsequently turned over to the OIG, which continued the inquiries in close collaboration with Suffolk prosecutors.

TPD initially launched an investigation into Lt. Berg’s actions in 2015, after receiving an anonymous tip regarding his repeated absences or early departure from shifts.  That investigation included a review of GPS data from Lt. Berg’s assigned cruiser, which indicated that he was absent during portions of his regular shifts on 26 separate occasions between June 23, 2014, and June 16, 2015.  During that same timeframe, he was absent for part or all of 39 additional overtime shifts that he claimed to have worked.  In total, he received $8,460.97 that he never earner or worked for, thus he was not entitled to.

TPD leadership learned in December 2015 that Sgt. Morris left early from a detail assignment in which he was responsible for supervising the department’s motorcycle unit during a funeral escort.  The investigation included a review of security footage of TPD’s parking lot and his TPD keycard data.  Between October 2, 2015, and December 24, 2015, Sgt. Morris was allegedly absent from portions of 16 regular shifts for up to seven hours per shift occasions.  A shift has eight hours total. Said differently, he missed up to 87.5% of his shift and got paid as if he had worked 100% of the shift.  He was absent from an additional 16 overtime shifts for as much as 7.5 hours per shift, meaning he missed up to 93.75% of those shifts and was paid as if he had worked 100% of the shift.  As a result, he was paid $4,354.55 for time he never worked.

The department launched an internal investigation into Sgt. Adamson after receiving a complaint regarding a TPD cruiser parked overnight in a residential area of Winthrop.  A review of GPS data from Sgt. Adamsons’ cruiser and other evidence revealed that he was absent from portions of his shifts on 15 separate occasions between October 25, 2017, and February 14, 2018.  In total, he was paid $1,228.36 for hours he never worked.

Lt. Berg resigned from the department in 2017; Sgt. Adamson resigned in 2018.  Sgt. Morris resigned in lieu of termination.

“Members of law enforcement are, and should be, held to a higher standard.  The integrity of the entire criminal legal system rests on the integrity of those who work within the system.  When an officer of the law commits a criminal act, it strikes at the very heart of our criminal legal system.  How can we be holding people accountable for misdeeds and actions when we are cheating, lying or stealing ourselves? It goes against everything we are meant to stand for and is the very definition of hypocracy,” District Attorney Rollins said.  “The police officers I have the pleasure of working with across Suffolk County are overwhelmingly great public servants who display integrity, courage and professionalism every day and bring honor to their badge and their departments.  However, when members of this noble profession act in a manner that goes against their sworn commitment to justice, it reflects poorly on law enforcement as a whole.  We have seen too often that overtime and pay fraud allegations are a wide-reaching scourge that tarnishes the image of law enforcement and harms the trust of the communities we are privileged to serve. These men will be placed into the Law Enforcement Automatic Discovery (LEAD) database and we will work with the criminal defense bar to expedite any reviews of arrests or other involvement these individuals were involved with. Their dishonest and criminal behavior has potentially called into question all of the police work they have done.”

The investigation leading to the criminal charges was conducted by investigators at the Transit Police Department; Senior Investigator Philip Mantyla, Lead Investigator Dave Castelluccio and Investigator Rainelle Walker-White of the Office of the Inspector General; and Assistant District Attorney Kelley Sweetser of District Attorney Rollins’ Special Prosecutions Unit.

 

 

All charged individuals are presumed innocent until proven guilty beyond a reasonable doubt.

Suffolk County District Attorney Rachael Rollins’ office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 20,000 cases a year. More than 160 attorneys in the office practice in nine district and municipal courts, Suffolk Superior Court, the Massachusetts Appeals Court, the Supreme Judicial Court, and the Boston Juvenile Courts. The office employs some 300 people and offers a wide range of services and programs to serve anyone who comes in contact with the criminal justice system. This office is committed to educating the public about the services we provide, our commitment to crime prevention, and our dedication to keeping the residents of Suffolk County safe.

SCDAO