Source: Office of United States Attorneys
BOSTON – An attorney working as a bookkeeper for three Massachusetts companies has been indicted by a federal grand jury for embezzling at least $2.5 million from the companies.
David Smerling, 74, of Lexington, was indicted on three counts of wire fraud and two counts of money laundering. He was previously charged by criminal complaint on Jan. 13, 2025.
According to the indictment, between January 2016 and May 2020, Smerling embezzled more than $2.5 million from the companies by transferring funds first to a bank account owned by one of the victims that Smerling controlled before moving the money to bank accounts in his own name, or directly from the companies’ accounts to bank accounts in his own name. The indictment also alleges that Smerling concealed his scheme by changing the mailing address on the victims’ bank statements to his home address and refusing to share the online banking password for the victims’ accounts.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. The charge of money laundering provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $500,000 or twice the value of the property involved in the transaction, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Leah B. Foley and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Kristen A. Kearney of the Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.