Former police union head gets two years probation in overtime scandal; also has to reimburse Boston for bogus OT

A federal judge yesterday sentenced Thomas Nee, one-time president of the Boston Police Patrolmen's Association, to two years probation and ordered him to pay $16,151 restitution and $2,200 in fines and fees for his participation in the overtime scandal at the BPD evidence warehouse in Hyde Park.

US District Court Judge Richard Stearns ordered no jail time beyond the one day Nee, 67, spent locked up after his arrest on Oct. 4, 2021.

Prosecutors urged reimbursement of $257,881 - both the money Nee charged in fake overtime requests and for money that other officers at the evidence unit allegedly stole through bogus OT slips with his knowledge. Still, despite Nee's involvement in a scheme to falsify overtime slips for three years, assistant US Attorney Mark Grady urged Stearns to go somewhat easy on Nee because, following his arrest - and his agreement to plead guilty the same day - Nee helped prosecutors go after other officers who were busy defrauding the city:

Undoubtedly, that this defendant, as a police officer, chose to break, rather than uphold, the law, is indefensible. But, a defendant's assistance to authorities in the investigation of criminal activities has long been recognized as a mitigating sentencing factor. The nature of the assistance provided by this defendant, including public testimony in a criminal trial, was exceptional. ... This defendant’s cooperation was instrumental in bringing to light extensive corruption within the Boston Police evidence warehouse.

Nee got his job at the warehouse after he lost re-election as union president in 2014, after 18 years, to Patrick Rose, who was himself later convicted - of raping children over nearly three decades.

In his own sentencing recommendation, calling for only probation and repayment of the amount he directly put in for, Nee's attorney, Kenneth Anderson, said Nee was going through a difficult time shortly before he arrived at the evidence warehouse. His son committed suicide, he had lost election as union president and the powers that be at BPD loathed him, so he was only offered two jobs after losing his union post - working the front desk at BPD headquarters or at the warehouse, and he chose the latter in the hopes he would suffer less public humiliation in an obscure facility well out of the public eye. But:

The masterminds of this scheme, who have not been charged, will not lose their pensions upon their retirement. At this time, the culture of the Boston Police Department was that these supervisors, without hesitation, repeatedly signed overtime slips for patrol officers they supervised knowing that the shifts were being split. As the court is aware from the Presentence Report, from this fact pattern, nine police officers have pled guilty and are awaiting sentencing, one (Captain Richard Evans) was convicted after trial, and four were acquitted after trial including Lieutenant Tim Torigian, Sergeant Robert Twitchell, Officer Henry Doherty and Officer Kendra Conway. (Defendant Nee testified for the government in the prosecution of the first four defendants, and met with the government multiple times before both trials.) In addition to those who were not charged, including those who set up the "split – shift,' and the four officers who were acquitted, the government immunized multiple officers in their effort to build their case against the defendants. Specifically, the undersigned counsel represented at least eight Boston patrol officers who were given proffers or who were immunized and were not charged. Although this is not a defense to the charges, there was considerable unfairness in the charging decisions made in this case, and as such, not everyone is being punished for collective wrongdoing.

The defendant arrived at Evidence Control Unit in the winter of 2015 and remained there for several years, during which he repeatedly requested a transfer. The work itself, as well as the overtime, were foreign to the defendant as were the updated department computers. While not running from his culpability or responsibility, the defendant was placed into a location he did not want to be, where it had been accepted for years that officers would work part of the overtime shift yet fill out their overtime slips stating that they worked the full four hours. This practice was condoned by sergeants, lieutenant and captains. As the defendant testified at the trial of four of his co-workers, he ultimately went along with this because it financially benefitted him. Upon receipt of a target letter, the defendant promptly accepted responsibility for his actions.