Thirwell1216
NES Member
Well MA AG office is involved in this case.
Salem police captain arrested for federal tax evasion in gun resale scheme
A Salem police captain who has been on administrative leave for more than a year while under criminal investigation was arrested Thursday and charged with one count of filing a false tax return.
Michael Wagner, 48, of Pelham was charged on an indictment unsealed Thursday that alleges he purchased 36 assault rifles using his law enforcement discount at Sig Sauer Academy in Epping, resold them at a profit of $33,000, and purposely omitted them from his tax return, according to a press release from the U.S. Attorney’s Office in Boston.
Investigators say Wagner bought the firearms between December 2012 and January 2013, and sold them in 2013. They say he filed his tax return in February 2013, claiming a total income of $166,170.
The indictment also alleges Wagner falsely claimed $10,790 in deductions in the form of non-reimbursed expenses for police equipment, ammunition and firearms in the same tax return.
In a statement sent to the Union Leader, Wagner’s lawyers said the charge revolves around a disputed amount of undeclared taxable income, Wagner’s hobby as a gun enthusiast and Second Amendment advocate, and is the result of a political feud between the Salem town manager and the police department which escalated unnecessarily.
“A political feud between Salem’s town manager and police department led to an investigation into the department that produced no evidence of wrongdoing by Captain Wagner. Instead of closing the matter, the authorities have now demonized Captain Wagner’s firearms hobby and Second Amendment rights,” Wagner’s lawyers said.
“The single charge involves a disputed tax amount of a few thousand dollars from seven years ago that could have been resolved as an ordinary administrative matter.
“The government should not have escalated this minor tax dispute into an unprovable criminal charge at any time, let alone in the middle of a global pandemic.”
Wagner’s attorneys said proceeding in this case during a pandemic is particularly “inappropriate” because Wagner is suffering from end-stage kidney failure and is in imminent need of a transplant.
At the time of the alleged purchases, Wagner was a shift supervisor, firearms instructor and responsible for stocking the Salem Police Department’s supply of weapons, ammunition and other equipment.
Wagner allegedly paid $40,567.50 to buy 28 of the 36 rifles after a 25% discount was factored in, saving him about $10,000, according to the indictment. At one point, Sig Sauer stopped giving
Wagner the law enforcement discount and Wagner allegedly directed a subordinate officer to purchase an assault rifle on his behalf.
He allegedly bought another half-dozen rifles without a discount.
Wagner, who turned himself in at the Windham police station Thursday, could face up to three years in prison, one year of supervised release and a fine of up to $100,000.
Wagner made his first court appearance in federal court in Boston Thursday afternoon by video conference, during which he entered a plea of not guilty.
Wagner’s attorney, David Vicinanzo, asked Judge Jennifer Boal to remove former Salem Deputy Chief Robert Morin from the list of names from which Wagner is required to have no contact, because he said Morin and Wagner are close friends who talk daily, and because Morin has not been interviewed by investigators as a potential witness.
“Robert Morin is a very close personal friend of Mr. Wagner,” Vicinanzo said.
Assistant U.S. Attorney Neil J. Gallagher Jr. of the Massachusetts U.S. Attorney’s Public Corruption Unit is prosecuting the case. He told the judge that they intend to interview Morin soon and that he can be removed from the no-contact list in short order.
Vicinanzo agreed to allow Morin’s inclusion on the list on a temporary basis.
Morin is the subject of a separate criminal investigation by the New Hampshire Attorney General’s office.
Under the terms of Wagner’s release, his travel is to be restricted to New England, he must surrender his passport and refrain from possessing any firearms or destructive weapons.
A status conference was scheduled for Aug. 13.
Wagner’s attorneys say he is proud of his 20 years of “honorable” police service and his family looks forward to his vindication.
The New Hampshire U.S. Attorney’s office is recused in this case and declined to comment, deferring questions to the Massachusetts U.S. Attorney’s office, which also declined to comment further.
Wagner’s brother is Christopher Wagner, who retired in March as commander of the New Hampshire State Police.
Wagner was placed on administrative leave in February 2019 after the New Hampshire Attorney General’s office announced it had begun a criminal investigation. It is one of four criminal investigations into senior Salem police officers following the release of a critical audit report by Kroll Inc. in November 2018.
Salem Town Manager Chris Dillon said they will be moving Wagner from paid administrative leave to unpaid following Thursday’s announcement.
Wagner’s annual salary as captain is $114,804. Since he was placed on administrative leave, the town has paid $163,752.17 in salary and benefits in 2019, plus $106,099 so far this year.
Salem police captain arrested for federal tax evasion in gun resale scheme
A Salem police captain who has been on administrative leave for more than a year while under criminal investigation was arrested Thursday and charged with one count of filing a false tax return.
Michael Wagner, 48, of Pelham was charged on an indictment unsealed Thursday that alleges he purchased 36 assault rifles using his law enforcement discount at Sig Sauer Academy in Epping, resold them at a profit of $33,000, and purposely omitted them from his tax return, according to a press release from the U.S. Attorney’s Office in Boston.
Investigators say Wagner bought the firearms between December 2012 and January 2013, and sold them in 2013. They say he filed his tax return in February 2013, claiming a total income of $166,170.
The indictment also alleges Wagner falsely claimed $10,790 in deductions in the form of non-reimbursed expenses for police equipment, ammunition and firearms in the same tax return.
In a statement sent to the Union Leader, Wagner’s lawyers said the charge revolves around a disputed amount of undeclared taxable income, Wagner’s hobby as a gun enthusiast and Second Amendment advocate, and is the result of a political feud between the Salem town manager and the police department which escalated unnecessarily.
“A political feud between Salem’s town manager and police department led to an investigation into the department that produced no evidence of wrongdoing by Captain Wagner. Instead of closing the matter, the authorities have now demonized Captain Wagner’s firearms hobby and Second Amendment rights,” Wagner’s lawyers said.
“The single charge involves a disputed tax amount of a few thousand dollars from seven years ago that could have been resolved as an ordinary administrative matter.
“The government should not have escalated this minor tax dispute into an unprovable criminal charge at any time, let alone in the middle of a global pandemic.”
Wagner’s attorneys said proceeding in this case during a pandemic is particularly “inappropriate” because Wagner is suffering from end-stage kidney failure and is in imminent need of a transplant.
At the time of the alleged purchases, Wagner was a shift supervisor, firearms instructor and responsible for stocking the Salem Police Department’s supply of weapons, ammunition and other equipment.
Wagner allegedly paid $40,567.50 to buy 28 of the 36 rifles after a 25% discount was factored in, saving him about $10,000, according to the indictment. At one point, Sig Sauer stopped giving
Wagner the law enforcement discount and Wagner allegedly directed a subordinate officer to purchase an assault rifle on his behalf.
He allegedly bought another half-dozen rifles without a discount.
Wagner, who turned himself in at the Windham police station Thursday, could face up to three years in prison, one year of supervised release and a fine of up to $100,000.
Wagner made his first court appearance in federal court in Boston Thursday afternoon by video conference, during which he entered a plea of not guilty.
Wagner’s attorney, David Vicinanzo, asked Judge Jennifer Boal to remove former Salem Deputy Chief Robert Morin from the list of names from which Wagner is required to have no contact, because he said Morin and Wagner are close friends who talk daily, and because Morin has not been interviewed by investigators as a potential witness.
“Robert Morin is a very close personal friend of Mr. Wagner,” Vicinanzo said.
Assistant U.S. Attorney Neil J. Gallagher Jr. of the Massachusetts U.S. Attorney’s Public Corruption Unit is prosecuting the case. He told the judge that they intend to interview Morin soon and that he can be removed from the no-contact list in short order.
Vicinanzo agreed to allow Morin’s inclusion on the list on a temporary basis.
Morin is the subject of a separate criminal investigation by the New Hampshire Attorney General’s office.
Under the terms of Wagner’s release, his travel is to be restricted to New England, he must surrender his passport and refrain from possessing any firearms or destructive weapons.
A status conference was scheduled for Aug. 13.
Wagner’s attorneys say he is proud of his 20 years of “honorable” police service and his family looks forward to his vindication.
The New Hampshire U.S. Attorney’s office is recused in this case and declined to comment, deferring questions to the Massachusetts U.S. Attorney’s office, which also declined to comment further.
Wagner’s brother is Christopher Wagner, who retired in March as commander of the New Hampshire State Police.
Wagner was placed on administrative leave in February 2019 after the New Hampshire Attorney General’s office announced it had begun a criminal investigation. It is one of four criminal investigations into senior Salem police officers following the release of a critical audit report by Kroll Inc. in November 2018.
Salem Town Manager Chris Dillon said they will be moving Wagner from paid administrative leave to unpaid following Thursday’s announcement.
Wagner’s annual salary as captain is $114,804. Since he was placed on administrative leave, the town has paid $163,752.17 in salary and benefits in 2019, plus $106,099 so far this year.
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