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Ashburnham Police Department |
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According to A Guide to the Massachusetts Public Records Laws, the Massachusetts Public Records Law applies to records created by or in the custody of a state or local agency, board or other government entity. Every document, paper, record, map, photograph, etc., as defined by law, that is made or received by a government entity or employee is presumed to be a public record.
Read the entire police report on the Super Bowl Pool for money being run by the Ashburnham Lions Club:
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SUPERBOWL TICKET SALES
AS OF JANUARY 17, 2006
1st QTR Reverse Order $25 Correct Order $75
2nd QTR Reverse Order $25 Correct Order $75
3rd QTR Reverse Order $25 Correct Order $75
4th or Final Reverse Order $50 Correct Order $150
Total Payoff $500
Ron and Mary 1 Dick Robillard 827-4613 2 Mark Abare 3 Dan Newman 4 John Cunningham 630-1731 5 Don Ayles 827 5496 6 Randy Lahtinen 827-6593 7 Dave Newman 8 (out to Randy Phelps) 9 (out to Randy Phelps) 10 (out to Randy Phelps) 11 (out to Randy Phelps) 12 Vee and Kevin 13 Dan Roger 14 Randy Saudelli 15 Karen Mason 16 Marlebe Wiita 17 Ken Dolder 18 Gary and Linda Reed 19 Teresa Dumont 827-6807 20 Ben Drouin 928-5788 21 Adam Drouin 927-5788 22 Hope Harding 632-6107 23 Dawn Lahtinen 827-6593 24 Jonathan Dennehy 25 (out to Pete McGrath) 26 John Grimley 27 Gail Dumont 28 (out to Ken Dolder) 29 Dan and Ellen Richard 30 Rick Noseworthy 31 George Gorrell 33 Larry Bennet 34 Chris Woodward 35 Dennis Navin (Julia) 37 Donald Scarbrough 38 (out to Kevin Lashua) 39 (out to Kevin Lashua) 40 (out to Kevin Lashua) 41 Wes Landry 42 Jack Dube 43 Rod Lewin 44 Bill Stone 49 Bill Hulette 50 Bob Rice 51 Paul Johnson 52 Dave Uminski 53 (out to Dan Dubrule) 56 (out to Dan Dubrule) 57 (out to Dan Dubrule) 58 (out to Dan Dubrule) 59 Joanne Barrieau 60 Brian Bourgeious 63 Pete Jaillet 65 Sue Boucher 66 (out to Dan Dubrule) 68 Charlie Johnson 71 Brad Forrest 73 Dianne Hunt 76 Dan and Dave Hulette 77 John Stacey 78 Lisa Cornwall 79
Ashburnham Police Department
NARRATIVE FOR SERGEANT ROBERT C BRENNAN JR
Ref: 06-20-OF
On 1/17/06 at approx. 1630 hrs, I, SGT Robert Brennan, was on uniform duty for the town of Ashburnham. I had an occasion to receive a call from a Wayne Adams of 57 Fitchburg Rd., concerning a
violation of the Gaming Laws, concerning a Super Bowl Pool for money being run by the Lions Club. That the information was listed on a Web page, ashburnhamma.org/lions, to then click on SBS on lower right and a 100 block form would appear. That Mr. Adams himself has contacted the AG office as well as the Lottery Commission concerning the Lions Club activity. That he feels this is a vagrant violation requiring an
investigation. I assured Mr. Adams that I would look into it.
I investigated and found that the information provided by Mr. Adams, appeared to be correct. I opened the mentioned web page and located the 100 block form, with names assigned. I further opened another page, Heading, News Letter, and was able to read to whom to contact for the Super Bowl Pool. A $ 25.00 dollar donation was for a chance to win a delivered hot and cold buffet as well as an automatic Super Bowl block which you could have a chance in winning a $ 500.00 dollar pay off.
A check with the AG office reveled conflicting information. I was advised a Para-legal would call the next day, to provide more information. On 1/18/06 I spoke with Dan Ferullo of the AG office. His opinion was it was
illegal. He provided a number to the State Lottery Commission. I spoke with Bruce Turnball. His opinion was it was illegal. Bruce then spoke with supervisor Donna Foley and verified the Pool was illegal concerning a $ 500.00 dollar pay off. The chance to win a Super Bowl party in its self, appeared to be not in violation.
On 1/19/06 I updated Chief Barrett of the information. I explained a possible conflict due to the subjects involved.
On 1/19/06 Mr. Adams contacted this Officer to see if any progress had been made. I advised Mr. Adams that I had turned the information over to Chief Barrett. That in my opinion I would have a conflict of interest
concerning this case. Mr. Adams indicated he understood.
I was requested by Chief Barrett, to contact a Lions Club representative, to advise the organization to cease the activity and the posting on the Web. The Chief asked if I thought that would be a concern of mine,
which I replied no, that I knew Joe Lambert, that I would call him. The Chief agreed.
I was able to contact Joe Lambert. I advised him to have the organization to cease the Gaming of the Super Bowl betting. I explained the pool roster was displayed and the explanation was in the news letter about the automatic earning of a $ 5.00 dollar super Bowl Square with the chance of winning up to $ 500.00 dollars. I further explained to Mr. Lambert, that only the reference to the Super Bowl Chance had to be removed. That all parties having any thing to do with the posting of solicitation to game betting could be prosecuted. That the Chief is only looking for the solution of ceasing the activity. Mr. Lambert indicated that he would take care of the situation ASAP. I thanked Mr. Lambert for the anticipated co-operation.
Later on this day I updated Chief Barrett on my conversation with Mr. Lambert.
MASSACHUSETTS GENERAL LAWS
MGL Chapter 271 Section 7
"Whoever sets up or promotes a lottery for money...and whoever aids either by printing or writing, or is in any way concerned, in the setting up, managing or drawing of such lottery...or attempt to dispose of property by such chance...shall be punished by a fine of not more than three thousand dollars or by imprisonment in the state prison for not more than three years, or in jail or the house of correction for not more than two and one half years."MGL Chapter 271 Section 9
"Whoever, for himself or for another, sells...or aids or assists...shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.MGL Chapter 271 Section 15
"Whoever...aids...or is in any way concerned in setting up, promoting, managing or drawing a lottery for money, set up, promoted, managed, or drawn out of the commonwealth, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.MGL Chapter 271 Section 16A.
Whoever knowingly organizes...at least four persons so that such persons may provide facilities or services...for the conduct of illegal lotteries...shall be punished by imprisonment in the state prison for not more than fifteen years or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. As used in this section the word “persons” shall not include bettors or wagerers who merely avail themselves of such facilities or services for the purpose of making a bet or wager and do not otherwise provide or assist in the provision of such facilities or services. This section shall not apply to such bettors or wagerers.
MGL
Chapter 40 Section 21
"Towns may...make...by-laws...which shall be binding upon all inhabitants thereof
and all persons within their limits."
MGL Chapter 271 Section 17B
Whenever the attorney general or a district attorney has reasonable grounds for belief that the service of a common carrier, subject to the jurisdiction of the department of telecommunications and energy, as defined in paragraph (d) of section twelve of chapter one hundred and fifty-nine, furnished to a person or to a location, is being or may be used for an unlawful purpose he may, acting within his jurisdiction, demand all the records in the possession of such common carrier relating to any such service. Such common carrier shall forthwith deliver to the attorney general or district attorney all the records so demanded. No such common carrier or employee shall be civilly or criminally responsible for furnishing any records or information in compliance with said demand.
MGL Chapter 180 Section 27
"If any person is convicted of...illegal gaming upon said premises...or implements of gaming, are seized on said premises and are forfeited, the selectmen...in the place where such club or organization is situated...shall immediately give notice to the state secretary, who, upon receipt thereof, shall declare the charter of such club or organization void..."
FEDERAL LAWS
US Code Title 18, Part I , Chapter 96, Section 1961 Definitions
As used in this chapter—(1) “racketeering activity” means (A) any act or threat involving...gambling...which is chargeable under State law and punishable by imprisonment for more than one year; (B) any act which is indictable under any of the following provisions of title 18, United States Code: ...
section 1084 (relating to the transmission of gambling information)...
section 1503 (relating to obstruction of justice),
section 1511 (relating to the obstruction of State or local law enforcement),
section 1512 (relating to tampering with a witness, victim, or an informant),
section 1513 (relating to retaliating against a witness, victim, or an informant)...
section 1953 (relating to interstate transportation of wagering paraphernalia)...
section 1955 (relating to the prohibition of illegal gambling businesses)
US Code Title 18, Part I , Chapter 50, Section 1084
(a) Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets...shall be fined under this title or imprisoned not more than two years, or both.
(c) Nothing contained in this section shall create immunity from criminal prosecution under any laws of any State.
(e) As used in this section, the term “State” means a State of the United States...
US Code Title 18, Part I , Chapter 73, Section 1503
(a) Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede...any court of the United States...the due administration of justice, shall be punished as provided in subsection (b). If the offense under this section occurs in connection with a trial of a criminal case, and the act in violation of this section involves the threat of physical force or physical force, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
(b) The punishment for an offense under this section is—
(3) in any other case, imprisonment for not more than 10 years, a fine under this title, or both.US Code Title 18, Part I , Chapter 73, Section 1511
"(a) It shall be unlawful for two or more persons to conspire to obstruct the enforcement of the criminal laws of a State...with the intent to facilitate an illegal gambling business if—
(1) one or more of such persons does any act to effect the object of such a conspiracy;
(2) one or more of such persons is an official...of such State...; and
(3) one or more of such persons conducts, finances, manages...an illegal gambling business.(b) As used in this section—
(1) “illegal gambling business” means a gambling business which—
(i) is a violation of the law of a State...in which it is conducted;
(ii) involves five or more persons who conduct, finance, manage...such business; and
(iii) has been or remains in substantially continuous operation for a period in excess of thirty days...(2) “gambling” includes but is not limited to pool-selling...and conducting lotteries...
(3) “State” means any State of the United States...(c) This section shall not apply...if no part of the gross receipts derived from such activity inures to the benefit of any private...member...except as compensation for actual expenses...
(d) Whoever violates this section shall be punished by a fine under this title or imprisonment for not more than five years, or both."
US Code Title 18, Part I , Chapter 73, Section 1512
"(b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person...with intent to—
(1)...delay, or prevent the testimony...in an official proceeding;
(2) cause...any person to—(A) withhold testimony, or withhold a...document...(B) ...conceal an object with intent to impair the object’s...availability for use in an official proceeding...or (3) ...prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense...shall be fined under this title or imprisoned not more than ten years, or both.
(c) Whoever corruptly—(1) ...conceals a record, document...or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding...shall be fined under this title or imprisoned not more than 20 years, or both.
(d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from—
(1) attending or testifying in an official proceeding...(2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense...(3) arresting or seeking the arrest of another person in connection with a Federal offense; or (4) causing a criminal prosecution...to be sought or instituted...shall be fined under this title or imprisoned not more than one year, or both. (e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully. (f) For the purposes of this section—(1) an official proceeding need not be pending or about to be instituted at the time of the offense; and (2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege. (g) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance—(1) that the official proceeding...is before a judge or court of the United States...or (2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant.
(j) If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case. (k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy."
US Code Title 18, Part I , Chapter 73, Section 1513
"(e)[2] Whoever knowingly, with the intent to retaliate, takes any action harmful to any person...for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both. (e)[2] Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy."
US Code Title 18, Part I , Chapter 95, Section 1953
"(a) Whoever...knowingly...sends in interstate or foreign commerce any record, ...writing...designed for use in...(c) in a numbers...game shall be fined under this title or imprisoned for not more than five years or both. (c) Nothing contained in this section shall create immunity from criminal prosecution under any laws of any State...(d)(1) “State” means a State of the United States...(e) For the purposes of this section “lottery” means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers. “Lottery” does not include the placing or accepting of bets or wagers on sporting events or contests."
US Code Title 18, Part I , Chapter 95, Section 1955
(a) Whoever conducts...an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both.
(b) As used in this section—(1) “illegal gambling business” means a gambling business which—(i) is a violation of the law of a State...in which it is conducted; (ii) involves five or more persons who conduct, ...supervise...part of such business; and (iii) has been or remains in substantially continuous operation for a period in excess of thirty days...(2) “gambling” includes but is not limited to pool-selling...and conducting lotteries...(3) “State” means any State of the United States...(d) Any property, including money, used in violation of the provisions of this section may be seized and forfeited to the United States.
Town of Ashburnham By-Laws Chapter I Section 3
"Except where other wise provided by law, prosecution of any violation of the by-laws of the town may be made by any law enforcement officer of the town."
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