LOWELL MAN SENTENCED FOR HELPING ARMED BANK ROBBER FLEE MASSACHUSETTS

Boston, MA... A Lowell man was sentenced today in federal court for assisting an alleged bank robber in fleeing Massachusetts in connection with the armed bank robbery of a Lawrence bank in January of this year.

United States Attorney Michael J. Sullivan and Kenneth W. Kaiser, Special Agent in Charge of the Federal Bureau of Investigation, announced today that OSCAR PENA, age 30, of 98 Fremont Street, Lowell, Massachusetts, was sentenced by U.S. District Judge Nathaniel M. Gorton to 3 years and 11 months’ imprisonment, to be followed by 3 years of supervised release. PENA was also ordered to pay $2,000 in restitution to the bank, and a $2,000 fine. On July 12, 2006, PENA pleaded guilty to one count of being an accessory after the fact.

On January 31, 2006, at approximately 9:07 a.m., the TD Banknorth branch, located at 305 South Broadway in Lawrence was robbed of $450,000 by two masked men brandishing one or more firearms. The robbery occurred within minutes after an armored car service delivered the $450,000 to the bank. The robbery was determined by investigators to be the result of an inside job.

At the earlier plea hearing, the prosecutor told the Court that, had the case proceeded to trial, the evidence would have proven that sometime around November 2005, co-defendant Rolando Gonzalez began discussing with his girlfriend, co-defendant Ana Cosme, a TD Banknorth teller, about his plans to rob the TD Banknorth branch. Cosme provided Gonzalez with specific details relating to the bank’s operation, including, among other things, the layout of the bank, amount of cash typically delivered by an armored car service, day and hour of delivery, and security procedures.

Following the robbery of the TD Banknorth branch, PENA, knowing that his cousin Gonzalez had been involved in the robbery, helped Gonzalez flee the Commonwealth of Massachusetts in order to prevent Gonzalez’s apprehension.

On January 31, 2006, at approximately 2:00 p.m., PENA received a phone call from Gonzalez requesting that PENA give him "a ride." PENA drove his mother's Cadillac to an unidentified location in Haverhill where he saw Gonzalez sitting in a silver pick-up truck with Hector Javier Sevilla. Gonzalez left the pick-up truck, entered PENA's car and told PENA, "we just robbed that bank." Gonzalez further told PENA that he needed to "get out of town." PENA and Gonzalez decided to travel to New York. Gonzalez offered to pay for the rental car, all expenses incurred while in New York, as well as pay for a hotel room in New York. PENA and Gonzalez rented a pick up truck in Salem, New Hampshire, paid for with $300 in cash, and drove to Times Square in New York City. PENA rented a room for Gonzalez at the Sheraton Hotel using cash given to him by Gonzalez. Inside the hotel room, Gonzalez showed PENA a bag containing cash. Gonzalez told PENA that there was approximately $200,000 in the bag. Gonzalez also showed PENA the gun that Gonzalez stated he used in the robbery. While in New York, Gonzalez paid for approximately $1,000 worth of clothing that PENA purchased as well as giving PENA an additional $3,000 in cash.

Co-defendants Rolando Gonzalez, Ana Cosme and Hector Javier Sevilla have been charged with armed bank robbery, conspiracy, use of a firearm during an armed robbery, and aiding and abetting. Their cases are still pending, and they are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The case was investigated by the Federal Bureau of Investigation and the Boston Bank Robbery Task Force, comprised of personnel from the Federal Bureau of Investigation and the Massachusetts State Police, with assistance from the Lowell Police Department. It was prosecuted by Assistant U.S. Attorney Antoinette E.M. Leoney in Sullivan’s Major Crimes Unit.

Press Contact: Samantha Martin (617) 748-3139