Steve Ellis - Ted Klein - Edward MacKenzie - 02-27-2015 PDF

NOTICE:Allslipopinionsandordersaresubjecttoformal
revisionandaresupersededbytheadvancesheetsandbound
volumesoftheOfficialReports.Ifyoufindatypographical
errororotherformalerror,pleasenotifytheReporterof
Decisions,SupremeJudicialCourt,JohnAdamsCourthouse,
PembertonSquare,Suite2500,Boston,MA021081750(617)557
1030SJCReporter@sjc.state.ma.us
SJC09856
THEGENERALCONVENTIONOFTHENEWJERUSALEMINTHEUNITEDSTATES
1
2
OFAMERICA,INC.,&others
vs.EDWARDMacKENZIE&others.
Suffolk.September5,2007.October15,2007.
Present:Marshall,C.J.,Greaney,Ireland,Spina,Cowin,&
Cordy,JJ.
Practice,Civil,Complaint,Motiontodismiss. Religion.
Jurisdiction,Ecclesiasticalcontroversy. Contract,
Constructionofcontract,Church. Conversion. Words,
"Ceasetoexist."
CivilactioncommencedintheSuperiorCourtDepartmenton
August4,2004.
MotionstodismisswereheardbyPatrickF.Brady,J.,and
entryofjudgmentwasorderedbyCatherineA.White,J.
AfterreviewbytheAppealsCourt,theSupremeJudicial
Courtgrantedleavetoobtainfurtherappellatereview.
HowardM.Cooper(JulieE.Greenwithhim)forthe
defendants.
LawrenceR.Kulig(DamonP.Hartwithhim)forthe
plaintiffs.
COWIN,J.ThedefendantBostonSocietyoftheNew
TheMassachusettsAssociationoftheNewJerusalem
(Swedenborgian)andGeorgeChapin.
2
ThomasKennedyBostonSocietyoftheNewJerusalem,
Incorporated(Swedenborgian)andBostonviewCorporation.
2
3
Jerusalem,Incorporated(Swedenborgian)
(thechurchorthe
Bostonchurch),isaSwedenborgianchurchthatdisaffiliatedfrom
(withdrewfrommembershipin)theplaintiffGeneralConventionof
theNewJerusalemintheUnitedStatesofAmerica,Inc.(the
GeneralConventionorthenationalbody),anationaldenomination
ofcongregationalSwedenborgianchurches.Thenationalbody
commencedacivilactionintheSuperiorCourt,seeking,among
otherthings,ajudgmentdeclaringthat,undertheBoston
church'sbylaws,thisdisaffiliationtriggeredatransferofthe
Bostonchurch'sassetstothenationalbody.Inarelatedclaim,
thenationalbodyassertedthat,becausethedisaffiliation
causedownershipoftheBostonchurch'sassetstotransfertothe
nationalbody,theretentionoftheseassetsbyindividual
defendantsEdwardMacKenzieandThomasKennedycreateda
conversion.AjudgeintheSuperiorCourtgrantedthe
defendants'motionstodismiss.TheAppealsCourtreversedthe
judgmentwithregardtotheseissues,whileaffirmingtherestof
thejudgment. TheGen.ConventionattheNewJerusaleminthe
U.S.,Inc.v.MacKenzie,66Mass.App.Ct.836,844(2006).We
grantedfurtherappellatereviewlimitedtotheseissues,andnow
affirmthedismissalofthesecountsforfailuretostateaclaim
uponwhichreliefcanbegranted.
1. Facts.Wesummarizetherelevantfactsasallegedin
Theparenthetical"Swedenborgian"ispartoftheofficial
nameofthedefendantBostonchurchaswellastheplaintiff
MassachusettsAssociationoftheNewJerusalem.
3
theamendedcomplaint.Sinceitsfoundingin1818,thechurch
hasbeenaffiliatedwiththeGeneralConvention.Underthe
leadershipofMacKenzieandKennedy,however,thechurchbroke
awayfromtheGeneralConventionin2003.Priortoits
disaffiliation,thechurch'sbylawscontainednumerousreferences
totheGeneralConvention.Theprovisionattheheartofthis
litigationisentitled"Dissolution"andstates:
"Intheeventthatthereligiousbodyknownasthe
BostonSocietyoftheNewJerusalem,Inc.shallceaseto
exist,allfundsandholdingsshallbetransferredtothe
GeneralConventionoftheNewJerusalemintheUnitedStates
ofAmerica.
"Theseassetsshallbeheldinescrowforthe
establishmentofanotherGeneralConventionoftheNew
Jerusalem(Swedenborgian)ChurchwithintheCityofBoston,
Massachusetts.Afteraperiodoftwenty(20)years,should
nosuchChurchexist,thecapitalandincometherefromshall
reverttotheGeneralConventionoftheNewJerusalem
(Swedenborgian)withanyrestrictionsofuseswhichmayhave
beenvotedbytheSocietymembersatthetimeofthe
dissolution."
Sincedisaffiliation,thechurchhascontinuedtofunction
underthecorporatenameoftheBostonSocietyoftheNew
Jerusalem,Inc.(Swedenborgian).Itretainsthesamepastorand
carriesonmanyofthesamechurchandcharitableservicesasit
hadpriortodisaffiliation.
Theplaintiffsfiledanelevencountcomplaintinthe
SuperiorCourt.CountIsoughtadeclarationthat,byvirtueof
theBostonchurch'sorganizationalbylaws,atthetimeofits
disaffiliationfromtheGeneralConvention,alloftheBoston
church'sassetsrevertedtotheGeneralConventiontobeheldin
trustfortheestablishmentofanotheraffiliatedchurch.Count
4
IIallegedthattheindividualdefendantswrongfullyconverted
theassetsoftheGeneralConventiontotheirownuse.Ajudge
inSuperiorCourtallowedthedefendants'motionstodismissall
oftheplaintiffs'claims.SeeMass.R.Civ.P.12(b)(6),365
Mass.754(1974).WithrespecttocountI,theSuperiorCourt
judgereasonedthatthelanguageofthedissolutionbylawwas
unambiguousanddidnotapplytoadisaffiliationfromthe
GeneralConventionafterwhichthechurchcontinuedtoexist.
TheSuperiorCourtjudgealsodismissedtheplaintiffs'claims
formismanagementandmisappropriationofassetsforlackof
standing,explainingthat"[s]uchauthorityrestsexclusively
withtheattorneygeneral."
TheAppealsCourtaffirmedthejudgmentsofdismissalexcept
inregardtocountsIandII,rulingthatthesecountsshould
proceed. TheGen.ConventionoftheNewJerusalemintheU.S.,
Inc.v.MacKenzie,supra.TheAppealsCourtheldthatthe
dissolutionbylawwasambiguousbecause"theterm'ceaseto
exist'is'susceptibleofmorethanonemeaningandreasonably
intelligentpersonswoulddifferastowhichmeaningisthe
properone.'" Id.at842,quotingCountyofBarnstablev.
AmericanFin.Corp.,51Mass.App.Ct.213,215(2001).Thus,
thebylawcouldapplytobothdisaffiliationanddissolution.
TheAppealsCourtinterpretedcountII'sconversionclaimas
"premisedonthepropositionthatMacKenzieandKennedy
wrongfullyconvertedassetsoftheGeneralConventionfortheir
ownuse,"id.at843n.10,andthuspermittedthatcountto
5
proceedaswell.
Weconcludethatthedissolutionbylawwasnottriggeredby
thedisaffiliationbecausetheplaintextofthebylawclearly
contemplatedonlydissolutionoftheentityitself.Sincethe
churchremainstherightfulownerofitsassets,theplaintiffs'
conversionclaimalsofails.
2. Dissolutionbylaw.Inreviewingamotiontodismiss,we
acceptastrueallfactualallegationsinthecomplaint,anddraw
allreasonableinferencesinfavoroftheplaintiffs. Naderv.
Citron,372Mass.96,98(1977).Thecomplaintshouldnotbe
dismissedforfailuretostateaclaimunlessitappearsbeyonda
doubtthattheplaintiffscanprovenosetoffactswhichentitle
themtorelief. Id.
Thebylawsofachurchcorporationformacontractbetween
thechurchanditsmembers,andareinterpretedaccordingto
4
principlesofcontractlaw.
SeeMitchellv.AlbanianOrthodox
DioceseinAm.,Inc.,355Mass.278,282(1969)Kubiliusv.
HawesUnitarianCongregationalChurch,322Mass.638,644(1948).
Thewordsofacontractmustbeconsideredinthecontextofthe
entirecontractratherthaninisolation.SeeStarrv.Fordham,
AstheAppealsCourtconcluded,theFirstAmendmenttothe
UnitedStatesConstitutiondoesnotprohibitacivilcourtfrom
exercisingjurisdictionoverpropertydisputesinvolvingachurch
solongasthecourtdoesnotintrudeuponissuesofchurch
doctrine,polity,discipline,andinternaloperation.SeeThe
Gen.ConventionoftheNewJerusalemintheU.S.,Inc.v.
MacKenzie,66Mass.App.Ct.836,839840(2006),citingCallahan
v.FirstCongregationalChurch,441Mass.699,708(2004),and
Jonesv.Wolf,443U.S.595,602(1979).
6
420Mass.178,190(1995)CharlesI.Hosmer,Inc.v.
Commonwealth,302Mass.495,501502(1939).Whenthewordsofa
contractareclear,theymustbeconstruedintheirusualand
ordinarysense,Oberv.NationalCas.Co.,318Mass.27,30
(1945),andwedonotadmitparolevidencetocreateanambiguity
whentheplainlanguageisunambiguous,Panikowskiv.Giroux,272
Mass.580,583(1930).InRobertIndus.,Inc.v.Spence,362
Mass.751,753754(1973),weexplainedthatextrinsicevidence
maybeadmittedwhenacontractisambiguousonitsfaceoras
appliedtothesubjectmatter.Theinitialambiguitymustexist,
however.Furthermore,extrinsicevidencecannotbeusedto
contradictorchangethewrittenterms,butonlytoremoveorto
explaintheexistinguncertaintyorambiguity. Id.
Withtheselegalprinciplesinmind,weturntothefactsof
thiscase.TheGeneralConventionarguesthatthedissolution
bylawisambiguous,andcouldapplytoadisaffiliationofthe
churchfromtheGeneralConventioninadditiontoadissolution
ofthechurch.Thethrustoftheargumentisthatthewords"the
religiousbody"couldrefernotonlyto"theBostonSocietyof
theNewJerusalem,Inc.,"asexplicitlystatedinthetext,but
alsoto"areligiousbodyaffiliatedwiththeGeneral
Convention."Althoughthelatterphraseisnotfoundinthe
plaintextofthedissolutionbylaw,theGeneralConvention
arguesthatitisapossibleinterpretation.Upon
disaffiliation,the"religiousbodyaffiliatedwiththeGeneral
Convention"wouldthus"ceasetoexist."Anotherwaytoputthe
7
argumentisthat"ceasetoexist"isambiguous,andcouldmean
both"todissolve"and"todisaffiliate."SeeTheGen.
ConventionoftheNewJerusalemintheU.S.,Inc.v.MacKenzie,
supraat842.
Wedonotlocateanambiguityinthelanguageofthe
dissolutionbylaw,andholdthatitistriggeredonlyupon
dissolution,andnotbydisaffiliation.Massachusettsmandates
thatcharitiesfollowcertainstatutoryproceduresfor
5
dissolution,seeG.L.c.180,11A,
andthechurchhastaken
noneofthesesteps.Moreimportantly,itisundisputedthatthe
churchcontinuestoexist,andthatitengagesinreligiousand
charitableactivities,muchasithaddonebeforedisaffiliation.
Turningtotheplaintextofthebylaw,itisentitled
"Dissolution,"anddisaffiliationismentionednowhereinthe
text.Thetextconcernsonlythe"ceasingtoexist"of"the
religiousbodyknownastheBostonSocietyoftheNewJerusalem,
Inc."Ourinterpretationissupportedbythefinalsentenceof
thebylaw,whichprovidesthattheuseofrevertedchurchassets
GeneralLawsc.180,11A,providesasfollows:
"Acharitablecorporationconstitutingapubliccharity
...whichdesirestocloseitsaffairsmay,byvoteofa
majorityofitsboardofdirectors,authorizeapetitionfor
itsdissolutiontobefiledinthesupremejudicialcourt
settingforthinsubstancethegroundsoftheapplication
fordissolutionandrequestingthecourttoauthorizethe
administrationofitsfundsforsuchsimilarpublic
charitablepurposesasthecourtmaydetermine.The
provisionsofthissectionshallconstitutethesolemethod
forthevoluntarydissolutionofanysuchcharitable
organization."
8
willbeinaccordancewith"anyrestrictionsofuseswhichmay
havebeenvotedbythe[church]membersatthetimeof
dissolution."Toreaddisaffiliationintothistextistostrain
theplainwordsmorethancontractlawpermits.
Plaintiffsarguethatlanguagestatingthatassets"shallbe
heldinescrowfortheestablishmentofanotherGeneral
ConventionoftheNewJerusalem(Swedenborgian)Church"renders
theterm"religiousbody"ambiguous.Wediscernnoambiguity.
Thislanguageisconsistentwithdissolution.Itmayindicate
thecloserelationshipbetweenthechurchandtheGeneral
Conventionatthetimethechurchbylawsweredrafted,butthat
factdoesnotcreateambiguityinanotherwisecleartext.
Plaintiffsalsoarguethat,ifinterpretedinthecontextof
certainotherarticlesofthebylaws,thedissolutionbylawcould
reasonablyrefertodisaffiliation.Wedisagree.ArticleIII
referstoaffiliationwiththeGeneralConventionsince1818and
thechurch'sdelegates'righttoparticipateandvoteatthe
GeneralConvention'smeetings.ArticleIVreferstotransfersof
membershiptothechurchfromotherGeneralConventionaffiliated
churches.ArticleVIprovidesfortheelectionofanewpastor
forthechurch,andrequiresthatthenewpastorbeingood
standingwiththeGeneralConvention.Similartothedissolution
bylaw,theseprovisionsalsoindicatethecooperative
relationshipbetweenthechurchandtheGeneralConventionatthe
timeofthedraftingofthebylaws.Theydonot,however,create
anambiguitythat"ceasingtoexist"wasintendedtomean
9
"disaffiliation."
OtherStateshavetakenapositioninaccordwiththeonewe
taketoday.Forexample,inChristensenv.Roumfort,20Ohio
App.3d107,108(1984),theCourtofAppealsofOhioconsidered
aprovisionstatingthattheUnitedPresbyterianChurchinthe
UnitedStatesofAmerica(UPCUSA)wouldgaincontrolofalocal
church'sproperty"[w]heneverhereafteraparticularchurchis
formallydissolvedbythepresbytery,orhasbecomeextinctby
reasonofthedispersalofitsmembers,theabandonmentofits
work,orothercause...."Thecourtheldthatthechurchwas
notextincteventhoughithaddisaffiliatedfromUPCUSA. Id.at
110.InFirstPresbyterianChurchv.UnitedPresbyterianChurch
intheUnitedStates,62N.Y.2d110,123,cert.denied,469U.S.
1037(1984),theCourtofAppealsofNewYorkconsideredaUPCUSA
provisionstatingthatwheneveralocalchurchisdissolved,its
propertyshallreverttoUPCUSA.Thecourtheldthatthelocal
church'sdisaffiliationfromUPCUSAwasnotadissolutionor
extinctionthatwouldtriggerthisprovision.Seeid.The
SupremeCourtofMissourireachedthesameconclusionasthe
courtsinOhioandNewYorkonnearlyidenticalfactsin
PresbyteryofElijahParishLovejoyv.Jaeggi,682S.W.2d465,
474(Mo.1984).Thosejurisdictionsthathaveawardedproperty
fromalocalchurchtotheparentchurchupondisaffiliation
generallyhavedonesoonthebasisofdifferentassumptionsas
10
6
tothefacts.
Totheextentthatthefactsarenot
distinguishable,weneverthelessdeclinetofollowthereasoning
oftheseothercourts.
Sincetheplainlanguageofthedissolutionbylawis
unambiguous,wedonotconsiderextrinsicevidencesuchas
allegationsofwhatwasintendedwhenthedissolutionbylawwas
7
drafted.
Plaintiffsarguethatwearerequired,inreviewing
themotiontodismiss,toaccepttheGeneralConvention'sreading
ofthedissolutionbylawinfavoroftheGeneralConvention,asa
truefactualallegationorreasonableinference.Buttheproper
interpretationofthebylawisamatteroflaw,Berkowitzv.
President&FellowsofHarvardCollege,58Mass.App.Ct.262,
270(2003),andlegalconclusionscastintheformoffactual
allegationarenottakenastrueonamotiontodismiss,Schaer
v.BrandeisUniv.,432Mass.474,477478(2000).
3. Conversion.Theplaintiffs'claimagainstthe
individualdefendantsMacKenzieandKennedyforconversionalso
fails.CountIIoftheamendedcomplaintallegedthat(1)the
See,e.g.,CentralCoastBaptistAss'nv.FirstBaptist
Church,154Cal.App.4th586,592(2007)(holdingthat
disaffiliatedchurchhaddefactodissolvedwhenlastvoteofits
fullmembershipwastodissolveandtotransferassetstomother
church)WisconsinConferenceBd.ofTrusteesoftheUnited
MethodistChurch,Inc.v.Culver,243Wis.2d394,407409(2001)
(holdingthatdisaffiliatedchurchhaddissolvedwithinmeaning
ofStatelawwhenstatuteprovidedassetsshallrevertto
Methodistdenomination"[w]heneveranylocalMethodistchurchor
societyshallbecomedefunctordissolved").
7
Wethusdonotconsiderallegationsintheamended
complaintandintheaffidavitofJohnPerryregarding
circumstancessurroundingthedraftingofthedissolutionbylaw.
11
assetsofthechurch,asaresultofthedisaffiliation,werethe
propertyoftheGeneralConvention(2)theindividualdefendants
kneworshouldhaveknownthattheyhadnorighttothis
propertyand(3)theindividualdefendants,nonetheless,
exercisedactsofownershipandcontrolovertheseassetsfor
theirownpersonalgain.
Thedefendants'primaryargumentisthatplaintiffshaveno
standingtobringthisclaim,becausetheAttorneyGeneralhas
exclusivejurisdiction,withnarrowexceptions,overmanagement
ofcharitableassets. Weaverv.Wood,425Mass.270,275277
(1997).Weneednotaddresstheissueofstandinghere.The
conversionclaimispremisedonthefactthattheGeneral
Conventionistherightfulownerofthechurch'sassets.Since
wehaverejectedtheGeneralConvention'sclaimofownership,the
conversionclaimfailsonsubstantivegrounds.
Accordingly,weaffirmthejudgmentoftheSuperiorCourtas
tocountsIandII.
Judgmentaffirmed.
Case 1:13-cr-10149-FDS Document 5 Filed 05/21/13 Page 1 of 44
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
VIOLATIONS:
UNITED STATES OF AMERICA
18 U.S.C. 1962(d)
RICO Conspiracy
v.
18 U.S.C. 1962(c)
Racketeering
(1) EDWARD J. MACKENZIE, JR.,
18 U.S.C. 1349
Mail Fraud Conspiracy
18 U.S.C. 1956(h)
Money Laundering Conspiracy
18 U.S.C.
Extortion
1951
18 U.S.C. 1343
Wire Fraud
Defendant.
18 U.S.C. 2(a)
Aiding and Abetting
18 U.S.C. 981, 982,
963, 28 U.S.C. 2461
Criminal Forfeiture
INDICTMENT
THE UNITED STATES GRAND JURY

Massachusetts charges that:
in and
for
the District of
COUNT ONE
(Racketeering Conspiracy)
At all times relevant to this Indictment:
THE ENTERPRISE
1.
in
The Boston Society of the New Jerusalem was chartered
1823
as
one
Massachusetts.
(hereinafter,
of
the
first
Swedenborgian
The Boston Society of the New Jerusalem,

"BSNJ")
was
charitable
corporation established under the

Massachusetts
Bostonview
churches
which
operated
Corporation,
Inc.
as
religious
laws of
a
Inc.
non-profit
the Commonwealth of
church.
(hereinafter,
in
BSNJ
"BVC") ,
established
which
business in Massachusetts as a non-profit corporation,
does
for the
specific purpose of holding title to property located at 130-140

Bowdoin
Street,
Boston,
Massachusetts.
The
130-140
Bowdoin
Street property encompassed both the Boston Society of the New

Jerusalem
building
church
with
(hereinafter,
and
an
approximately
approximately
145
"BVC Apartments").
18-story
residential
apartment
rental
units
These rental units generated
net income of approximately $1.4 million per year.
Each year
since in or about 2006, BVC has remitted its net income to BSNJ.
2.
BSNJ was run by a Board of Trustees, which was elected
by the church members.

for
decisions
regarding
The Board of Trustees was responsible

BSNJ's
2
finances,
the
collection
and
distribution of all funds for the support of public worship or

special programs,
the maintenance of financial records, and the
preparation of a budget.
As of in or about 2003, BSNJ also had
a "Director of Operations," who had responsibility and authority

for changes to the physical plant of the church.
BVC was run by
a Board of Directors and was a wholly-owned subsidiary of BSNJ.

BSNJ,
together with its
wholly-owned subsidiary,
BVC, will be
referred to herein as the "Church."

The Church constituted an "enterprise"
3.
Title
United
18,
States
Code,
Section
as defined by
1961(4),
association in fact of entities (hereinafter,
that
is,
an
"the enterprise").
The enterprise constituted an ongoing organization whose members

functioned
as
continuing
unit
for
achieving the objectives of the enterprise.

engaged in,
and its activities affected,
common
purpose
of
This enterprise was
interstate and foreign
commerce.
4.
The
Church is
Revenue
Code
Section
SOl(c) (3)").
Under
organization,
the
to
insiders.
organization under
501 (c) (3)
(hereinafter,
the
tax
Church
activities that result

assets
an exempt
U. S.
is
prohibited
in inurement of
The
code,
prohibition
"IRC
as
from
an
Internal
Section
exempt
engaging
in
the Church's income or

against
inurement
to
insiders
is
absolute;
therefore,
any
amount
of
inurement
to
insiders is potentially grounds for loss of tax-exempt status.

THE DEFENDANT
5.
EDWARD J.
Church
in
became
the
MACKENZIE,
approximately
Church's
54,
JR.,
September
"Director
became a member of the

in
2002i
of
2003,
Operations, "
MACKENZIE
salaried
position that was created especially for him and which he still
holds.
6.
BVC.
MACKENZIE
was an officer of
In Massachusetts,
corporations
must
act
officers
in
good
duties of care and loyalty.

Law Chapter 180,
BSNJ and a
and directors
faith
and
Director of
of
non-profit
exercise
Pursuant to Massachusetts
Section 6C,
fiduciary
General
"director ... shall perform his
duties as such ... in good faith and in a manner he reasonably

believes to be in the best interest of the corporation, and with
such care as an ordinarily prudent person in a
like position
with respect to a similar corporation ... would use under similar

circumstances."
A director
may
not
improperly
benefit
from
transactions with the corporation.

THE RACKETEERING CONSPIRACY
7.
and
From at least as early as in or before September 2002,
continuing
through
at
least
in
or
about
December
within the District of Massachusetts and elsewhere /

4
2012/
EDWARD
J.
MACKENZIE,
JR.,
defendant herein
to the Grand Jury

the
Church
an
which affected
enterprise
directly
of
the
activity.
in
and
of
did unlawfully
Section 1962(c), that is, to conduct and

and
indirectlYI
through
in
the
conduct
pattern
United States Code,
of
of
the
racketeering
Sections 1961(1)
and
through which MACKENZIE and his co-conspirators agreed
conduct
and
participate
directly
and
conduct of the affairs of the enterprise

acts:
(a)
indictable
Section 1343 (wire fraud)

Code
Title 18
(d)
activities
The pattern of racketeering activitYI as that term is
1961(5)1
States
the
confederate and agree to violate Title
enterprise
defined by Title 18,
to
engaged
interstate and foreign commerce
18 1 United States Code I
affairs
and others known and unknown
being persons employed by and associated with
and knowingly conspire
participate,
under
i
(b)
Section 1341
Title
in
18,
fraud)
United
(c)
Section 1956
States
indictable
Code
United
under
(money laundering)
indictable under Title 18 1 United States Code I
(extortion); and (e) involving bribery
the
consisted of multiple
indictable under Title 18
(mail
United States Code
indirectly
Section 1951
chargeable under Section
39 of Chapter 271 of the Massachusetts General Laws.

8.
that
It was part of
conspirator
the conspiracy that MACKENZIE agreed
would
commit
at
least
two
acts
of
racketeering
activity
in
the
conduct
of
the
affairs
of
the
enterprise.
OBJECTS OF THE CONSPIRACY
9.
It was a goal of the conspiracy for MACKENZIE and his
co-conspirators to become members of the enterprise and obtain

power and influence within the enterprise so that MACKENZIE and
his co-conspirators could defraud the Church of its considerable
financial
holdings
and profit
from
and
his
transactions
involving
the
Church.
10.
Once
MACKENZIE
co-conspirators
were
in
positions of authority within the enterprise, they carried out a

scheme to defraud the Church and to obtain money and property
from
the
Church by means
of
false
and
fraudulent
pretenses,
representations and promises, to enrich themselves and others at

the expense of the Church,
and to personally enrich themselves
by soliciting and accepting bribes and kickbacks
from vendors
doing business with the Church.

MANNER AND MEANS OF THE CONSPIRACY
It was a part of the conspiracy that:
11.
MACKENZIE
and
co-conspirator
(another new Church member)

small
number
of
voting
knew
members,
Thomas
that
the
many
of
J.
KENNEDY
Church had only a

whom
were
elderly.
MACKENZIE became a full voting member of the Church in or about

6
September 2002.
Shortly after joining the Church, MACKENZIE and
KENNEDY devised a plan to gain control of the Church so that

they
could
defraud
the
Church
of
its
considerable
financial
holdings and profit from transactions involving the Church.

12.
Accordingly, MACKENZIE and KENNEDY devised a scheme to
gain control of the Church by, among other things:

a. Inducing the then-Reverend to endorse MACKENZIE and
KENNEDY's plan to take control of the Church by
promising,
and
subsequently
granting,
him
substantial remuneration and autonomy within the
Church; and
b. R ecruiting and using friends and family, some of
whom had no interest in, or awareness of, the Church
and its teachings, to become members, and creating
phony membership applications for other new Church
"members" who had no idea they had "applied" for
membership in order to establish a voting maj ori ty
to elect themselves into positions of authority
within the Church.
13.
At the annual Church members meeting in or about May
2003, MACKENZIE and KENNEDY assembled a sufficient voting bloc

to take control of the Church.
Once in control,
in or about
2003, MACKENZIE, KENNEDY, and their co-conspirators began moving

to
consolidate
limited
to,
the
and
fortify
following:
their
(a)
power,
removing
including,
certain
but
not
incumbent
Trustees and Church officials who were perceived as obstacles;

(b)
seceding from the General Convention and other umbrella and
parent
organizations
of
the
Swedenborgian Church
7
in order to
obtain greater autonomy;
amending
(c)
the
Church's by-laws
give MACKENZIE and KENNEDY greater authority and control;

(d)
creating the salaried position of
for
the Church
2003
to
and
"Director of Operations"
position for which MACKENZIE was hired in
and continued
to
hold
"Director of Operations"
as
of
May
2013
and
giving
the
authority for changes to the physical
plant of the Church.

14.
Church,
In addition
to
once in control,
violation of
their
Section 501(c} (3)
consolidating
MACKENZIE
their power within
and his co-conspirators,
fiduciary obligations
and
the
Church's
not
vehicles
limited
for,
(c)
to:
(a)
the
among others,
of MACKENZIE;
(b)
$50,000
in
IRC
status, began voting to provide themselves and
their associates with substantial financial benefits,

but
the
MACKENZIE,
cash awards
"loan"
to
purchase
of
at
KENNEDY,
for MACKENZIE's
MACKENZIE
to
pay
his
including,
least
four
and a
new
relative
family members;
personal
legal
bills; and (d) tuition grants to family members of KENNEDY.

15.
a
On or about December 12, 2003,
five-year
Church's
previously
starting
employment
"Director
of
existed.
salary
of
agreement
with
Operations,"
The
agreement
$100,000,
the Church entered into

MACKENZIE
position
to
that
provided MACKENZIE
annual
salary
be
the
had
not
with
increases
a
in
accordance with the Consumer Price Index, performance bonuses, a

8
retirement
plan,
health
insurance,
vacation (plus 11 paid holidays).
and
four
weeks
of
paid
In September 2006, the Board
of Trustees agreed to renew MACKENZIE's employment agreement for

another
five
years
through
December
compensation
as
effective
2013.
the
In
December
2012,
Church's
2008,
and
salary
MACKENZIE's
"Director
of
continuing
Operations
and
was
ll
approximately $200,000.
16.
the
Once in power, MACKENZIE began to systematically loot
Church
of
combination
of
Moreover,
its
considerable
fraud,
MACKENZIE
deceit,
financial
extortion,
assets
theft,
through
and
bribery.
intimidated and threatened individuals who
were employed by and did work at the Church by in part,

other
things,
autobiography,
Whi tey
Bulger
Soldierll
criminal
providing
Street
and
the
them
with
Soldier:
Boston
In Street Soldier,
history,
including
signed
My
Irish
Life
Mob
copies
of
as
Enforcer
an
his
(hereinafter,
MACKENZIE admitted to a
burglary,
among
robbery,
2003
for
"Street
lengthy
armed assault,
and narcotics trafficking.

All in violation of Title 18, United States Code,
1962 (d) .
Section
COUNT TWO
(Racketeering)
17.
paragraphs
and
1-6
9-16
are
restated
herein
and
2002
and
incorporated by reference.
18.
From
at
in
least
before
or
September
continuing through at least in or about December 2012,

District of
Massachusetts
defendant herein,
JR.,
and elsewhere,
J.
EDWARD
together wi th others,
in the
MACKENZIE,
known and unknown
to the Grand Jury, being persons employed by and associated with

the
Church,
participate,
unlawfully
did
directly
and
affairs of the Church,

the
activities
commerce,
of
through
and
knowingly
indirectly,
the
an enterprise which was engaged in,
and
the
affected,
pattern
the
conduct
and
of
which
in
conduct
interstate
of
and
racketeering
foreign
activity
particularly described below in paragraphs 19 through 56.

RACKETEERING ACT NUMBER ONE
(Space propulsion Wire Fraud)
19.
In
or
about
Spring
of
2004,
MACKENZIE
and
KENNEDY
knowingly caused the Church to invest $200,000 of Church money

in
Florida
corporation,
Space
(hereinafter,
"Space propulsion").
the
to
Church
fraudulently
investment,
invest
it
was
MACKENZIE
$200,000
misrepresenting
when
propulsion
in
that
primarily
10
means
Inc.
and KENNEDY caused
Space
the
Systems,
Propulsion
$200,000
for
was
MACKENZIE
by
an
and
KENNEDY to enrich themselves at the Church's expense.

MACKENZIE
and
that
Church's
the
KENNEDY had an agreement

investment
was
In fact,
wi th Space
conditional
$80,000 kickback to MACKENZIE and KENNEDY,
Propulsion
on an
immediate
which MACKENZIE and
KENNEDY concealed from the Church.

20.
From at least in or about Spring 2004, to at least on
or about June 8,
2004, MACKENZIE and others,
to the Grand Jury,

described
obtain
scheme
money
devised and intended to devise
and
and
known and unknown
artifice
property
by
to
defraud
means
of
the
the above
Church,
materially
and
false
to
and
fraudulent pretenses, representations and promises.

21.
Boston,
the
On or about
the
dates
set
in the District of Massachusetts,
Middle
MACKENZIE,
known
each of
District
JR.,
and
of
Florida,
defendant herein,
unknown
to
the
Grand
and
forth below,
in
in Jacksonville,
in
elsewhere,
commerce
the
by
means
signals
of
and
wire
sounds
Jury,
for
the
communication
described
purpose
in
below,
of
caused to be
interstate
anyone
which alone constitutes the commission of Racketeering Act
11
J.
aided and abetted by others,
executing the scheme and artifice described above,

transmitted
EDWARD
of
Number
One,
in
violation
of
Title
18,
United
Code,
States
Sections 1343 and 2 (a) :
1A
1B
1C
DATE
DESCRIPTION
June 4, 2004
June 7, 2004
June 8, 2004
$200,000 wire MA to FL
$40,000 wire FL to MA (KENNEDY)
$40,000 wire FL to MA (MACKENZIE)
RACKETEERING ACT NUMBER TWO
(College Tuition Mail Fraud)
22.
The
Church has
long had a
tuition grant
program in
which the Church provided scholarships and tuition grants to the

families of Church members.
Between approximately Winter 2005
and August 2008, MACKENZIE fraudulently caused the Church to pay

approximately $108,980 in tuition payments to Boston College and
Quinnipiac University on behalf of the children of an executive
at
the
property
Apartments
management
(hereinafter
company
that
managed
"Tuition Recipient #1").
the
BVC
It was part
of the scheme that MACKENZIE falsely misrepresented to Tuition

Recipient
#1
that
the
Church
had
expanded
reimbursement program to non-Church members /

Church
had
Recipient
#1
not
to
done
apply
so.
to
MACKENZIE
the
then
Church / s
its
tuition
when in fact
encouraged
tuition
the
Tuition
program.
In
return for using his influence to cause the Church to improperly

pay $108,980 in tuition payments on behalf of Tuition Recipient
12
#1,
MACKENZIE solicited and accepted from Tuition Recipient #1
approximately $20,000 in cash kickbacks.

23.
From at
through
in
or
Massachusetts,
least
about
the
as
early as
2008,
Augus t
District
in or about March
of
in
District
the
Connecticut,
2005,
and
of
elsewhere,
EDWARD J. MACKENZIE, JR., defendant herein, aided and abetted by
others,
known
and
unknown
intended to devise
to
the
Grand
Jury,
devised
and
the above-described scheme and artifice to
defraud and obtain money and property by materially false and

fraudulent pretenses, representations, and promises.
24.
On or about the dates listed below,
of Massachusetts,
for
the
purpose
the District
of
executing
of
Connecticut,
and
attempting
in the District
and elsewhere,
to
execute
the
above-described scheme and artifice to defraud and obtain money

and
property
pretenses,
by
means
of
representations
materially
and
promises,
false
and
MACKENZIE
fraudulent
knowingly
caused to be placed in a post office and authorized depository

for mail matter a matter and thing to be sent and delivered by
the Postal Service, anyone of which mailings alone constitutes
the commission of Racketeering Act Number Two,
in violation of
Title 18, United States Code, Sections 1341 and 2(a):
2A
DATE
CHURCH CHECK MAILING
January 1, 2006
$15,000 to BC (ck. # 2897)

13
August 3, 2006
January 4, 2007
June 141 2007
January 41 2008
July 10 1 2008
August 141 2008
2B
2C
2D
2E
2F
2G
$15,000
$15,000
$15 / 000
$15 / 000
$15 / 000
$18 / 980
TOTAL
to
to
to
to
to
to
(ck.
(ck.
(ck.
(ck.
QU (ck.
BC (ck.
BC
BC
BC
BC
#
#
#
#
#
#
3359)
3701)
4064)
4497)
6323)
6362)
$108,980
RACKETEERING ACT NUMBER THREE

(Check Stealing Mail Fraud)
25.
2008
Between in or about April
MACKENZIE
and
KENNEDY
came
2006 and in or about June
into
physical
possession
seven checks made payable to either BSNJ or BVC.

KENNEDY
Church.
checks
Trust.
II
then
devised
scheme
to
steal
It was part of the scheme that

MACKENZIE
MACKENZIE
and
and
KENNEDY
created
KENNEDY
used
the
MACKENZIE and
checks
from
the
in order to steal the

a
among
of
phony
other
trust
"BVC
things
the
creation of BVC Trust to open two sham Sovereign Bank accounts

in the names of BSNJ and BVC.
the
two
sham Sovereign Bank accounts
with addresses
dominion and
conceal
When MACKENZIE and KENNEDY opened
the
they provided the
bank
over which MACKENZIE and KENNEDY had exclusive
control.
scheme
to
This
allowed MACKENZIE
defraud
from
the
and KENNEDY
to
Church by maintaining
control over the bank statements and financial records for the
two sham Sovereign Bank accounts.
accounts were opened,
Once the sham Sovereign Bank
it was part of the scheme that MACKENZIE
and KENNEDY fraudulently deposited seven checks payable to the

14
Church
totaling
approximately
Sovereign Bank accounts.

MACKENZIE
and
into
$168 / 169.74 1
the
sham
After the seven checks were deposited
KENNEDY
through
series
of
financial
transactions that were designed at least in part to conceal the

fraud
shared the proceeds.
26.
least
From at
on
or
least on or about April
about
June
20
2008
at
elsewhere in the District of Massachusetts

JR.,
defendant herein
26
Boston
1
2006
l
Canton
and
EDWARD J. MACKENZIE,
aided and abetted by others
unknown to the Grand Jury
until at
known and
devised and intended to devise the
above-described scheme and artifice to defraud and obtain money

and
property
representations
27.
by
1
materially
false
and
fraudulent
pretenses
and promises.
For the purpose of executing and attempting to execute
the above-described scheme and artifice
to defraud and obtain
money and property by materially false and fraudulent pretenses

representations
and promises
MACKENZIE
and KENNEDY knowingly
caused to be placed in a post office and authorized depository

for mail matter a matter and thing to be sent and delivered by
the Postal Service
to wit: bank statements and other financial
documents
between
accounts
in violation of Title 18
2006
and
2008
1341 and 2(a).

15
for
1
the
sham
Sovereign Bank
United States Code
Sections
RACKETEERING ACT NUMBER FOUR

(Money
Conspiracy)
28.
trust
on
In approximately April 2006

"Fillabuster Catering Trustfl
purposeful
Restaurant
of
MACKENZIE created a sham
(hereinafter
the
name
of
based
11
)
"Fill-A-Buster
It was part of the conspiracy that in creating FCT

falsely misrepresented on various
MACKENZIE
documents
ex-girlfriend of his was the "trustee fl of FCT

purporting
related
"FCT
which had been located next to the Church for over
1 fI
30 years.
variation
to
be
that
documents.
of
his
ex-girlfriend
MACKENZIE's
that an
and a signature
appears
ex-girlfriend
on
however
FCT1
had
never heard of FCT and was not familiar with the term "trustee
nor had she ever signed any document on behalf of FCT.
FCT was established
fl
Once the
MACKENZIE used the falsified FCT documents
to open a bank account in the name of FCT
had sole signatory authority.
FCT bank account was
established
Church
his
MACKENZIE
used
affiliation
Racketeering Acts Numbers

and
conceal
from
the
Once
the
with
account
FCT 1
Three
Internal
the
for which MACKENZIE
to
conceal
Eight
conceal
the
Fifteen
Revenue
Service
from
proceeds
the
of
and Sixteen
more
than
approximately $316 / 000 in income that he was paid by the Church

through FCT.
16
29.
From at least in or before April 2006 and continuing
through at least in or about December 2012 1
in the District of
Massachusetts and elsewhere l EDWARD J. MACKENZIE, JR., defendant

herein l and others
known and unknown to the Grand Jury
knowing
that the property involved in financial transactions represented

the proceeds of
conspire,
form of unlawful
confederate,
transactions
in fact
Title
some
agree
and
affecting
bribery,
United
in
States
violation
of
in
whole
and
in
part
to
the proceeds of mail
United
States
violation
General
of
Laws
Code,
Section
Section
I
in
fraud
39
in violation of
1341,
of
Chapter
commercial
271
of
the
the transactions were
conceal
all
and
disguise
the
in violation of Title 18,

and
Chapter
of
and
which
the ownershipi and the control
1341 1
of
violation
financial
fraud,
knowing that
nature, the location l the source,

of
39
conduct
commerce,
Section
Section
did knowingly
foreign
of mail
Code
Massachusetts General Laws

designed
to
interstate and
involved the proceeds
18 1
activitYI
Title
commercial
271
18,
of
the
briberyl
in
Massachusetts
United
States
Code
Sections 1956(h) and 1956(a) (1) (B) (i).

RACKETEERING ACT NUMBER FIVE
(Plumber #1 Commercial Bribery)
30.
In
or
about
Summer
commercial plumbing company
2006
the
(hereinafter
17
Church
hired
\\CPC tI
to replace the
large
piping in the BVC Apartments.

to
hire
"Plumber
"oversee"
CPC
#1,"
despite
MACKENZIE also caused the Church
one-employee
the
fact
that
plumbing
Plumber
operation,
#1' s
unnecessary to complete the pipe replacement job.
to
hiring was
Between July
2006 and October 2007,
the Church paid Plumber #1 approximately
$123,808
the pipe
to
"oversee"
replacement
job.
During that
same period, in return for using his influence within the Church
to help Plumber #1 maintain and obtain work
from the Church,
MACKENZIE solicited and accepted thousands of dollars
in cash
kickbacks from Plumber #1.

31.
From at least in or about Summer 2006, until at least
in or about October 2007,
relation
and matters
to
transactions
concerning
the
business
affairs of an employer, principal, and beneficiary, to wit,

Church,
and as an agent and fiduciary of the Church,
MACKENZIE,
agreed
to
employee,
JR.,
accept
defendant
herein,
payments
principal,
and
from
solicited,
Plumber
beneficiary
of
who
the
Church,
the
EDWARD J.
accepted,
#1,
in
was
and
not
an
upon
an
agreement and understanding that such payments would influence

MACKENZIE's conduct,
in violation of Section 39 of Chapter 271
of the Massachusetts General Laws.
18
RACKETEERING ACT NUMBER SIX

(Floorer #1 Commercial Bribery)
Between 2006 and 2011 1 "Floorer #1'1 was the owner of a
32.
greater Boston discount carpet and flooring company who was paid
approximately
by
$356 / 000
the
Church
for
numerous
During that same period ,
flooring-related jobs.
carpet
and
in return for
using his influence within the Church to help Floorer #1 obtain

and
maintain
flooring-related
work
at
the
Church ,
MACKENZIE
knowingly caused Floorer #1 to inflate his bids for work at the

Church
by
soliciting
and
accepting
approximately
$116 / 650
in
September 2006 1 until
at
cash kickbacks from Floorer #1.

From at
33.
in
least
or
Massachusetts 1
least
about
in
in or about
December
relation
in
to
the
transactions
concerning the business affairs of an employer 1

beneficiary,
of
the
Church,
solicited,
#11
to wit,
the Church,
EDWARD
accepted,
J.
District
and
of
matters
principal,
and
and as an agent and fiduciary
MACKENZIE,
JR.,
defendant
herein,
and agreed to accept payments from Floorer
who was not an employee 1 principal 1 and beneficiary of the
Church
upon an agreement or understanding
would influence MACKENZIE's conduct 1
that
in violation of Section 39
of Chapter 271 of the Massachusetts General Laws.
19
such payments
RACKETEERING ACT NUMBER SEVEN
(Aquarium Owner Commercial Bribery)

34.
a
Between 2005 and 2011,
greater Boston
fish
"Aquarium Owner," the owner of
and aquarium
retail
store,
billed
the
Church, on average, approximately $25,000 - $30,000 per year for

aquarium services and associated maintenance.
In approximately
March 2007, MACKENZIE fraudulently caused the Church to pay for

a
high-end
weymouth,
aquarium
installed
at
residence
MACKENZIE's
Massachusetts by Aquarium Owner.
in
From the time the
aquarium was installed at MACKENZIE's residence in 2007, through

in or about 2011,
Church
to
help
in return for using his influence within the
Aquarium
Owner
obtain
and
maintain
aquarium-
related work at the Church, MACKENZIE knowingly caused Aquarium

Owner to inflate his bids for work at the Church by soliciting
and accepting from Aquarium Owner approximately $3,000 per year
in
concealed
maintenance
installed
bribes
and
and
kickbacks
replacement
in MACKENZIE's
work
residence
that
performed
(for
consisted
on
which
the
of
the
aquarium
Aquarium
Owner
never charged MACKENZIE) .

35.
From at least in or about March 2007,
in or about December 2011,

relation
to
transactions
until at least
in the District of Massachusetts, in

and matters
concerning
affairs of an employer, principal, and beneficiary,

20
the
business
to wit,
the
Church,
MACKENZIE,
defendant
JR.,
herein,
agreed to accept things of value,

at
his
residence
and
solicited,
to wit,
related
EDWARD J.
accepted,
and
an aquarium installed
maintenance
service
and
parts/accessories, from Aquarium Owner, who was not an employee,

principal,
and beneficiary of the Church,
understanding
that
such
things
of
upon an agreement or
value
would
influence

RACKETEERING ACT NUMBER EIGHT
(Carpenter #1 Commercial Bribery)
36.
Carpenter #1 is a self-employed carpenter who has run
his own commercial and residential general contracting company

in
greater
Boston
for
more
than
twenty
approximately Summer 2007 and December 2007,
years.
Between
in return for using
his influence within the Church to help Carpenter #1 obtain and

maintain
general
contracting
work
at
the
Church,
MACKENZIE
knowingly caused Carpenter #1 to inflate his bid for work at the

Church
by
soliciting
and
accepting
approximately
$24,000
in
kickbacks from Carpenter #1, some of which MACKENZIE directed be

in the
form of
checks payable
to
Fillabuster Catering,
MACKENZIE caused to be deposited into the FCT account.
21
which
37.
From at least in or about August 2007, until at least
in or about December 2007,

relation
to
transactions

and
matters
concerning
the
MACKENZIE,
agreed
to
employee,
defendant
JR.,
accept payments
principal,
and
agreement or understanding
herein,
from
solicited,
that
of
the
who was
Church,
such payments
the
EDWARD J.
accepted,
Carpenter #1,
beneficiary
business
to wit,
Church, and as an agent and fiduciary of the Church,
in
would
and
not
an
upon
an
influence

RACKETEERING ACT NUMBER NINE
(Carpenter #2 Commercial Bribery)
38.
Carpenter #2 is a self-employed carpenter who has run
his own general contracting company in greater Boston for more

than two decades.
Between approximately May 2007 and December
2010, Carpenter #2 was paid approximately $96,345 by the Church.

In return for
using
his
influence
within
the
Church to help
Carpenter #2 obtain and maintain general contracting work at the

Church,
kickbacks
MACKENZIE
from
solicited
Carpenter
#2,
and
to
accepted
wit,
at
cash
least
and
in-kind
approximately
$20,500 in cash as well as carpentry work that was paid for by
22
the Church but was performed by Carpenter #2 at the residences

of MACKENZIE and a family member of MACKENZIE.
39.
From at least in or about May 2007, until at least in
or about December
relation
to
2010,
transactions
and
matters
concerning
the
MACKENZIE,
JR.,
defendant
agreed to
accept
payments
employee,
principal,
agreement
or understanding
herein,
from
and
solicited,
Carpenter
beneficiary
that
of
#2,
the
such payments
business
to wit,
the
EDWARD J.
accepted,
who
was
Church,
in
and
not
an
upon
an
would influence

RACKETEERING ACT NUMBER TEN
(Carpenter #2 Extortion)
40.
Not
later
than
2009,
MACKENZIE
signed copy of Street Soldier.
gave
Carpenter
#2
In or about December 2010,
a
in
connection with a job at the Church, when Carpenter #2 initially

attempted to provide MACKENZIE with only a
the
previously
agreed-upon
$6,000)
cash
$3,000
(instead of
kickback,
MACKENZIE
swore at Carpenter #2, banged on the hood of Carpenter #2's car,

and put Carpenter #2 in fear for his physical safety.
At that
point, Carpenter #2 gave MACKENZIE an additional $3,000 in cash.

23
41.
From in or about at least 2009 and continuing until in
or about December 2010,
within the District of Massachusetts,
EDWARD J. MACKENZIE, JR., defendant herein, did obstruct, delay,
and affect commerce and the movement of articles and commodities

in commerce by extortion,
18,
United
States
obtained
property,
Carpenter
#2
induced by
violence,
with
the
and
as those terms are defined in Title
Code,
to
section
wit,
Carpenter
wrongful
fear,
use
1951,
United
#2's
of
that
States
consent,
actual
in violation of
is,
currency,
which
and
Title
MACKENZIE
consent
threatened
18,
from
was
force,
United
States
being
advised
Code, Section 1951.

RACKETEERING ACT NUMBER ELEVEN
(Boiler Replacement Wire Fraud)
42.
In approximately
December
2010,
after
that MACKENZIE required a kickback of approximately 10% on all

work done at the Church,
the owner of CPC inflated the bid he
submitted to the Church for a boiler replacement job to account

for
the
10% kickback to MACKENZIE.
In return for using his
influence within the Church to help CPC obtain and maintain the
boiler
inflate
replacement
its
bid
job,
for
MACKENZIE
work
at
the
knowingly
caused
Church
soliciting
by
CPC
to
and
accepting an approximately $27,400 cash kickback from the owner

of CPC.
24
43.
on
or
From at least in or about December 2010,

about
October/November
2011,
MACKENZIE
to at least
devised
and
intended to devise the above-described scheme and artifice to

defraud the Church, and to obtain money and property by means of
materially false
and fraudulent pretenses,
representations and
promises.
44.
On or about each of the dates set forth below,
District of Massachusetts and

JR.,
defendant herein,
unknown to
the
elsewhere,
EDWARD
J.
MACKENZIE,
Grand Jury,
for
the
purpose
of
in the
known and
executing
the
scheme and artifice described above, caused to be transmitted by

means of wire communication in interstate commerce the writings,
signals
and
sounds
described
below,
anyone
of
which
alone
constitutes the commission of Racketeering Act Number Eleven, in

violation of Title
18,
United States
Code,
2 (a) :
DESCRIPTION
llA
IlB
12/20/2010 a.m. E-mail from CPC to BVC

12/20/2010 p.m. E-mail from CPC to BVC
25
Sections
1343
and
RACKETEERING ACT NUMBER TWELVE

(Boiler Replacement Commercial Bribery)
45.
Paragraph 42
is
restated herein and
incorporated by
reference.
From at least in or about December 2010,
46.
on
or
about
October/November
Massachusetts,
relation
in
in
2011,
the
concerning the business affairs of an employer,

beneficiary,
of
the
to wit,
Church,
solicited,
the Church,
EDWARD
accepted,
J.
and
and
of
matters
principal,
and
and as an agent and fiduciary
MACKENZIE,
agreed
District
transactions
to
to at least
to
JR.,
defendant
accept
payments
herein,
from
the
owner of CPC and the owner's associate, who were not employees,
principals,
and beneficiaries of the Church,
upon an agreement
or understanding that such payments would influence MACKENZIE's

conduct,
in
violation
of
Section
39
of
Chapter
271
of
the
Massachusetts General Laws.

RACKETEERING ACT NUMBER THIRTEEN
(Booster Pump Wire Fraud)
47.
In
or
about
2011,
after
being
advised
again
that
MACKENZIE required a kickback of approximately 10% on all work

done
at
the
Church,
the
owner
of
CPC
inflated
the
bid
he
submitted to the Church for a booster pump job to account for

the
10%
kickback
to
MACKENZIE.
In
return
for
using
his
influence within the Church to help CPC obtain and maintain the
26
booster pump job, MACKENZIE knowingly caused CPC to inflate its

bid
for
work
at
the
Church
by
soliciting
and
accepting
an
approximately $9,400 cash kickback from the owner of CPC.

48.
From at least in or about July 2011, to at least on or
about August 2011, MACKENZIE devised and intended to devise the

above-described scheme and artifice to defraud the Church,
and
to obtain money and property by means of materially false and

49.
District of Massachusetts
JR.,
defendant herein,
unknown
to
the
and elsewhere,
EDWARD
MACKENZIE,
J.
Grand Jury,
for
the
purpose
of
in the
known and
executing
the

signals
and
sounds
described
below,
anyone
of
which
alone
constitutes the commission of Racketeering Act Number Thirteen,

in violation of Title 18, United States Code, Sections 1343 and
2 (a) :
DESCRIPTION
13A
13B
13C
13D
13E
7/12/2011
8/4/2011
8/4/2011
8/10/2011
8/10/2011
E-mail
E-mail
E-mail
E-mail
E-mail
from
from
from
from
from
CPC to
CPC to
CPC to
Church
CPC to
27
Church
Church
MACKENZIE
to CPC
Church
RACKETEERING ACT NUMBER FOURTEEN

(Booster Pump Commercial Bribery)
50.
Paragraph 47
is
restated herein and
incorporated by
reference.
51.
or
From at least in or about July 2011, until at least in
about
August
relation
to
2011,
in
transactions
the
District
and matters
of
Massachusetts,
concerning
the
defendant
JR.,
herein,
solicited,
business
to wit,

MACKENZIE,
in
the
EDWARD J.
accepted,
and
agreed to accept payments from the owner of CPC and the owner's
associate, who were not employees, principals, and beneficiaries
of
the
payments
Church,
would
upon
an agreement
or
influence MACKENZIE's
understanding
conduct,
that
such
in violation of
Section 39 of Chapter 271 of the Massachusetts General Laws.

RACKETEERING ACT NUMBER FIFTEEN
(Painter #1 Wire Fraud)
52.
In or about 2009, MACKENZIE asked Painter #1,
time friend of his,

Church,
previous
despite
to submit a bid for painting work at the
the
fact
that
Painter
#1
had
little
or
no
Between approximately May 2009
painting experience.
and October 2009,
a long
Painter #1' s
company was paid approximately
$127,129 by the Church, including payment for painting work that

Painter
#1
never
performed
but
28
for
which
the
Church,
at
direction,
MACKENZIE's
influence
within
the
was
billed.
Church
maintain the painting work at
to
In
help
the
return
Painter
Church,
for
#1
using
his
obtain
and
MACKENZIE
knowingly
caused Painter #1 to inflate her bids for work at the Church by

soliciting
and
accepting
at
least
approximately
$24,000
in
kickbacks from Painter #1 and Painter #l's associates, a portion

of which MACKENZIE deposited into the FCT account.
53.
From at least in or about May 2009,
to at least in or
about October 2009, MACKENZIE devised and intended to devise the

above-described scheme and artifice to defraud the Church,
and
to obtain money and property by means of materially false and

54.
of
On or about the date set forth below,
Massachusetts
and
elsewhere,
EDWARD
J.
in the District
MACKENZIE,
JR.,
defendant herein, aided and abetted by others, known and unknown

to the Grand Jury,
for the purpose of executing the scheme and
artifice described above,
caused to be transmitted by means of
wire communication in interstate commerce the following writing,

signal and sound,
in violation of Title 18, United States Code,
Sections 1343 and 2(a):

DESCRIPTION
9/1/2009 E-mail from MACKENZIE to Painter #1
29
RACKETEERING ACT NUMBER SIXTEEN

(Painter #1 Commercial Bribery)
55.
Paragraph 52
is
restated herein and incorporated by
reference.
56.
From at least in or about May 2009, until at least in
or about
relation
October
to
2009,
in
transactions
the
and
District
matters
of
Massachusetts,
concerning
the

Church,
MACKENZIE,
agreed
to
JR.,
accept
associates,
defendant
herein,
payments
who
were
from
not
solicited,
Painter
#1
employees,
business
to wit,
in
the
EDWARD J.
accepted,
and
Painter
#l's
and
principals,
and
beneficiaries of the Church, upon an agreement or understanding

that
such
payments
violation of
would
Section 39
of
influence
Chapter
MACKENZIE's
271
of
the
conduct,
in
Massachusetts
General Laws.
All in violation of Title 18, United States Code, Sections
1962 (c) .
30
COUNT THREE
(College Tuition Mail Fraud Conspiracy)
57.
As set forth above in paragraph 221
herein and incorporated by reference 1

March 2005
District
elsewhere
through at
of
Massachusetts 1
combined
other persons
devise
the
the
known
District
conspired
and
and
property
of
2008 1
confederated
unknown
to
the
and artifice
by materially
in the
Connecticut 1
defendant herein
JR.,
above-described scheme
obtain money
from at least in or about
in or about August
intent to defraud
wi th
least
which is restated
false
and
with the
and agreed
Grand
Jury,
to
to defraud and
and
fraudulent
pretenses, representations, and promises.

58.
the
above-described scheme
and artifice
money and property by materially false and fraudulent pretenses,

representations,
and promises
unknown to the Grand Jury,
MACKENZIE and others,
known and
knowingly caused to be placed in a
post office and authorized depository for mail matter a matter

and thing to be
wi t:
sent and delivered by the
tuition payment checks
from the
Postal Service
to
Church to Boston College
and Quinnipiac University.

All in violation of Title 18,
1349.
31
United States Code
Section
COUNT FOUR
(Check Stealing Mail Fraud Conspiracy)
59.
As set forth above in paragraph 25, which is restated
herein and incorporated by reference,

April 26,
Boston,
2006,
Canton,
until at least on or about June 20,
combined,
other persons,
2008,
at
and elsewhere in the District of Massachusetts,
defraud,
from at least on or about
JR.,
defendant herein,
conspired,
confederated,
with the intent to

and
agreed
known and unknown to the Grand Jury,
with
to devise
the above-described scheme and artifice to defraud and obtain

representations, and promises.
60.
the above-described scheme and artifice

representations,
and promises,
unknown to the Grand Jury,
MACKENZIE and others,
known and
knowingly caused to be placed in a
post office and authorized depository for mail matter a matter

and thing to be sent and delivered by the Postal Service,
to
wit: bank statements and other financial documents between 2006

and 2008 for the sham sovereign Bank accounts.
1349.
32
United States Code,
Section
COUNT FIVE
(Money Laundering Conspiracy)
61.
herein and incorporated by reference, from at least in or before

April 2006 and continuing through at least in or about December
2012, within the District of Massachusetts and elsewhere, EDWARD
J.
MACKENZIE,
defendant
JR.,
herein,
and
others
known
and
unknown to the Grand Jury, knowing that the property involved in

financial transactions represented the proceeds of some form of
unlawful
activity,
agree
conduct
to
and foreign
mail
did
financial
commerce,
fraud,
in
knowingly
transactions,
which
violation
conspire,
in fact
of
Title
confederate,
affecting
and
interstate
involved the proceeds of

18,
United
States
Code,
Section 1341, and commercial bribery, in violation of Section 39

of Chapter 271 of the Massachusetts General Laws,
knowing that
the transactions were designed in whole and in part to conceal

and
disguise
the
nature,
the
location,
the
source,
the
ownership, and the control of the proceeds of mail fraud, all in

violation of Title
18,
United States
Code,
Section 1341,
and
commercial bribery, in violation of Section 39 of Chapter 271 of

the Massachusetts General Laws.
1956 {h} and 1956 (a) (1) {B} {i} .
33
COUNT SIX
(Carpenter #2 Extortion)
62.
from in or about at least
2009 and continuing until in or about December 2010, within the

District of Massachusetts,
herein,
did
obstruct,
EDWARD
delay,
J.
and
MACKENZIE,
affect
JR.,
defendant
commerce
and
the
movement of articles and commodities in commerce by extortion,

as
those
section
terms
1951,
are
that
defined
is,
Uni ted States currency,
in Title
MACKENZIE
18,
obtained
United States
property,
to
Code,
wit,
from Carpenter #2 with Carpenter #2' s
consent, which consent was induced by the wrongful use of actual

and threatened force, violence, and fear.
1951.
34
United States Code,
Section
COUNTS SEVEN AND EIGHT

(Boiler Replacement Job Wire Fraud)
63.

December 2010,
to at least in or about October/November 2011,
devised
MACKENZIE
and
intended
to
devise
scheme and artifice to defraud the Church,

and
property
by
means
of
materially
the
above-described
and to obtain money
false
and
fraudulent
pretenses, representations and promises.

64.
District

of
Massachusetts and elsewhere,
defendant herein,
JR.,
unknown
to
the
EDWARD
J.
MACKENZIE,
Grand Jury,
for
the
purpose
of
in the
known and
executing the

signals and sounds described below:
COUNT
DESCRIPTION
7
8
12/20/2010 a.m. E-mail from CPC to BVC

12/20/2010 p.m. E-mail from CPC to BVC
1343 and 2(a).
35
Sections
COUNTS NINE THROUGH THIRTEEN

(Booster Pump Job Wire Fraud)
65.

July
2011,
to
at
least
in
or
about
August
2011,
MACKENZIE
the above -described scheme and
artifice to defraud the Church, and to obtain money and property

by
means
of
materially
false
and
fraudulent
pretenses,
representations and promises.

66.
District
JR.,

of
Massachusetts
defendant herein,
unknown
to
the
and elsewhere,
EDWARD
J.
Grand Jury,
for
the
purpose
of
in the
MACKENZIE,
known and
executing
the

signals and sounds described below:
COUNT
DESCRIPTION
7/12/2011
8/4/2011
8/4/2011
8/10/2011
8/10/2011
10
11
12
13
E-mail
E-mail
E-mail
E-mail
E-mail
from
from
from
from
from
CPC to
CPC to
CPC to
Church
CPC to
Church
Church
MACKENZIE
to CPC
Church

1343 and 2(a).
36
COUNT FOURTEEN
(Painter #1 Wire Fraud)
67.

May
2009,
to
at
least
on
or
about
October
MACKENZIE
2009,
the above-described scheme and
artifice to defraud the Church, and to obtain money and property

by
means
of
materially
false
and
fraudulent
pretenses,
representations and promises.

68.
On or
about
September
1,
2009,
in
the
District
of
Massachusetts and elsewhere, defendant EDWARD J. MACKENZIE, JR.,

defendant herein, aided and abetted by others, known and unknown
to the Grand Jury,
for the purpose of executing the scheme and
artifice described above,
caused to be transmitted by means of
wire communication in interstate commerce the following writing,

signal and sound,
to wit,
an e-mail from MACKENZIE to Painter
#1.

1343 and 2 (a) .
37
Sections
RACKETEERING FORFEITURE ALLEGATIONS

18 U.S.C. 1963
The Grand Jury further charges that:
69.
Upon
conviction of
violation of 18 U.S.C.
one
or more
of
the
forfeit
U.S.C.
in
1962 as charged in Counts One and Two
of this Indictment, EDWARD J. MACKENZIE, JR.,

shall
offenses
defendant herein,
to the United States of America pursuant
to 18
1963 (a) :
a. all
interests
the
defendant
has
acquired and
maintained in violation of 18 U.S.C.
1962,
wherever located, and in whatever names held;
b. all interests in, securities of, claims against, and
properties and contractual rights of any kind
affording a source of influence over, any enterprise
which the defendant has established,
operated,
controlled,
conducted,
and participated in the
conduct of, in violation of 18 U.S.C. 1962; and
c. all property constituting, and derived from, any
proceeds which the defendant obtained, directly and
indirectly, from racketeering activity and unlawful
debt collection in violation of 18 U.S.C. 1962.
70.
limited
The
to,
property
the
to
sum
of
be
forfeited
includes,
approximately
$1
but
is
million,
not
which
represents the proceeds of such violations.

71.
If
any
of
the
property
described
in
hereof as being forfeitable pursuant to 18 U.S.C.
paragraph
69
1963, as a
result of any act and omission of the defendant

a. cannot
be
diligencei
located
38
upon
the
exercise
of
due
b. has been transferred to,

a third party;
sold to, or deposited with
c. h as been
Courti
the
placed
beyond
jurisdiction
of
this
d. has been substantially diminished in value; or

e. h as been commingled with other property which cannot
be divided without difficultYi
it is the intention of the United States, pursuant to 18 U.S.C.
1963 (m),
to
seek
forfeiture
of
any
other
property
of
the
defendant up to the value of the property described in paragraph

69 above, including but not limited to the following:
the real property located at 955 Pleasant Street,
Unit
1,
Weymouth
Massachusetts,
including all
buildings
and
appurtenances
thereon,
more
particularly described in a deed recorded at Book
24132, Page 189 at the Norfolk County Registry of
Deeds.
All pursuant to Title 18, United States Code, Section 1963.
39
FRAUD AND EXTORTION FORFEITURE ALLEGATIONS

18 U.S.C. 981 and 28 U.S.C. 2461
72.
Upon
violation of
conviction
18 U. S. C.
of
one
1343,
or
more
of
the
1349 and 1951,
offenses
in
as charged in
Counts Three, Four, and Six through Fourteen of this Indictment,

EDWARD J. MACKENZIE, JR., defendant herein,
United States of America pursuant

and 28 U.S.C.
constitutes
2461(c),
or
is
to 18 U.S.C.
any property,
derived
shall forfeit to the
from
981(a) (1)
real or personal,
proceeds
traceable
(C)
which
to
such
violations.
73.
If
any
of
the
property
described
in

and 28 U.S.C.
paragraph
72
981(a) (1) (C)
2461(c), as a result of any act and omission of
the defendant
a. cannot
be
diligence;
located
upon
the
exercise
of
due

a third party;
sold to, or deposited with
c. has been
Court;
the
placed
beyond
jurisdiction
of
this

e. has been commingled with other property which cannot
be divided without difficulty;

2461(c),
to
seek
forfeiture
40
of
any
other
property
of
the

the real property located at 955 Pleasant street,
Unit
1,
Weymouth
Massachusetts,
including
all
buildings
and
appurtenances
thereon,
more
Deeds.
All pursuant to Title 18, United States Code, Section 981
and Title 28, United States Code, Section 2461.
41
MONEY LAUNDERING FORFEITURE ALLEGATIONS

18 U.S.C. 982
74.
U.S.C.
Upon
1956,
conviction
as
of
charged
the
in
offense
Count
Five
EDWARD J. MACKENZIE, JR., defendant herein,
in
violation
of
this
real or personal,
18
Indictment,
shall forfeit to the
United States of America pursuant to 18 U.S.C.

property,
of
982(a) (I),
involved in such offense,
any
and any
property traceable to such property.

75.
If
any
of
the
property
described
in
paragraph
74
982(a) (1),
as a result of any act and omission of the defendant

a. cannot
be
diligence:
located
upon
the

a third party;
sold to,
c. has been
Court;
the
placed
beyond
exercise
of
due
or deposited with
jurisdiction
of
this

e. h as been commingled with other property which cannot
be divided without difficultYi
982(b},
to
seek
forfeiture
of
any
other
property
of
the

42
the real property located at 955 Pleasant Street,

Unit
I,
Weymouth
Massachusetts,
including
all
buildings
and
appurtenances
thereon,
more
Deeds.
All pursuant to Title 18, united States Code, Section 982.
43
A TRUE BILL
FORE PERSON OF THE GRAND JURY
TORNEY
DISTRICT OF MASSACHUSETTS; May __

:2_\___ , 2013.
Returned
filed.
into
the District Court by the Grand Jurors and
{,,,,I I . (j 1 PIC-{
(
r;(cl l (/3
44
April 2011
Vol. VIII, Issue 4
Jesus said Come to me, all you who are weary and burdened,
and I will give you rest. Take my yoke upon you and learn
from me, for I am gentle and humble in heart, and you will
nd rest for your souls. For my yoke is easy and my burden is
light. MaAhew 11:28
Spring is here!!!
Church on The Hill (Swedenborgian) The Boston Society of the New Jerusalem, Inc.
140 Bowdoin Street ~ Beacon Hill ~ Boston, MA 02108 ~ www.churchonthehillboston.org
NEWSLETTER OF THE BOSTON CHURCH OF THE NEW JERUSALEM
Ministers
Emeritus Officials
Rev. Dr. J. Ted Klein, Senior Pastor
Michael Latkowitch, President Emeritus

Anna Hunt Latkowitch, Church Council Emeritus
Executive Officials
Mary Guarino, President
Diane Williams, Vice President
Robert von Wolfgang, Chairman of the Board of Trustees
Susanne Rogers, Treasurer
Michael Bancewicz, Secretary
Music
Carlton Doctor, Minister of Music
Victor Cayres de Mendonca, Organist and Pianist
Michael Bancewicz, Acting Editor
Craig Williams, Assistant Editor
Directors
Edward J. Mackenzie, Jr., Director of Operations
GOALS AND OUR LIFE AS A CHURCH

Seeking to be guided by love of God, love of others, being in community, seeking to be of service.
Church services and classes being vital and central.
Nurturing teamwork and community throughout the church.
The church welcoming diversity of people working together as one.
Developing a pervasive spirit of caring in the church community.
The church developing as welcoming of all generations (from children to senior).
Concerted efforts to involve young people more fully in the life of the church. Perhaps with aid from adults,
having leadership emerge from young people. Involvement of young people in service projects in the
community.
Strengthening of programs for seniors, drawing on resources both within and outside the church.
Developing processes for ministry preparation.
Growth of participation from the congregation in the church activities.
HISTORY OF THE CHURCH

New Jerusalem Church
Circa 1845
Theophilus Parsons, dean of Harvard Law School; Otis

Clapp, apothecary, publisher, member of the Massachusetts
House of Representatives, co-founder of The Massachusetts
Institute of Technology (M.I.T.), Boston University, and and
founder of The Home for Little Wanderers; Theophilus P.
Chandler, architect; Clarence Barron, financier, editor of the
Wall Street Journal, and president of Dow Jones; George
James Webb, hymnologist; and The Honorable Malcolm
Nichols, Mayor of Boston. A beautiful Gothic Revival
structure served the membership until the 1960s when it was
replaced with a new Church building and an eighteen story
high- rise apartment. Today, the main sanctuary of the
Church is accessible from Bowdoin Street. The Church has
also served as a place of worship and gatherings for the local
Muslim Community and other faith-based communities. The
Church has organizes and runs many programs to meet the
needs of the Church community and larger surrounding
neighborhood.
The foundation of the Boston Society of the New Jerusalem

(BSNJ) can be traced back to 1784 and the Green Dragon
Tavern in Boston. It was then and there that admirers of, and
those interested in learning more about, Emanuel
Swedenborg first met to hear a lecture on Swedenborg by
James Glen. In 1818, twelve people, some of whom were
among the early Green Dragon Tavern crowd, organized a
Swedenborgian Church in the city. Chartered in 1823, the
Boston Society of the New Jerusalem, Inc. is the first
Swedenborgian Church established in Massachusetts.
Members of the Church met at several locations before
finally settling in 1845 at its present location atop Beacon
Hill. The location inspired the name by which many today
know the society: the Church on the Hill (Swedenborgian).
Through the years, noted BSNJ members include Timothy
Harrington Carter, publisher, and founder of the Old Corner
Book Store; Sampson Reed, writer and mentor of Ralph
Waldo Emerson; Lydia Maria Child, author, social activist
and abolitionist; Warren Felt Evans, writer and healer;
Use of the Church facility is offered to human service and

outreach organizations.
CHURCH ON THE HILL - ESTABLISHED 1818
MESSAGE FROM THE

SENIOR PASTOR
NOTICE FROM THE SENIOR PASTOR

Rev. Dr. Ted Klein
Please pray for the people of Japan and all others in
need!
The congregation collections for April and May will be
donated as follows:
April collections will go for relief of the people of Japan.
May collections will go to the Walk For Hunger.
Dear Members and Friends of the Church

on the Hill:
In April there is a fuller and fuller coming
of spring. The growth of buds, the
blooming of owers, the growth of leaves,
the births of creatures are all part of spring.
In our own lives we can enter seasons of
spring, where new life takes shape with us
and in our connecCons with others.
This month begins with the nal Sundays
of Lent, a season for searching into what is
happening in our lives, where we are going,
and what needs to change. Then we enter
three observances so important in the
ChrisCan year Palm Sunday, Maundy
Thursday, and Easter. We can recall the
events in the life of Jesus remembering
connecCons with our own lives.
This is a Cme of important change and
growth in the church. We are seeking to
strengthen connecCons within the church
community, outreaching to members. Also
the church is building connecCons beyond
the church community in nding more
ways of responding to needs and being of
service.
Love and Best Wishes to Each of You,
Ted
Womens Health Fair

Friday April 8th
12 Noon until 5:00 PM
The Oasis Coalition of Boston in collaboration with
Suffolk University's S.O.U.L.'s Program have organized a
health fair featuring many service providers and health
organizations around the city of Boston.
The Fair will be open to all women with a special
emphasis to our newly housed, poor and homeless.
There will be gift packages available for attendees that
will include toiletries etc...
Food and snacks will be provided by the Suffolk Students.
Please, Please spread the word!
3
Walk For Hunger

May 1, 2011
The Walk for Hunger is an annual tradition and a rite
of spring in Massachusetts! Join 40,000 caring friends
and neighbors and raise money for those struggling to
make ends meet. Since 1969, The Walk for Hunger
has been a tradition in Massachusetts.Today, the
Walk has become the country's oldest continual
pledge walk and the largest one-day fundraiser to
alleviate local hunger. On the first Sunday in May
each year, more than 40,000 Walkers and 2,000
Volunteersstart off from the Boston Commonto
make a difference in the lives of our neighbors.In
Massachusetts, more than 660,000 people do not have
enough food to eat. The Walk for Hunger raises
millions of dollars for the 400 emergency food
programs that support families in crisis. The Walk is still looking for volunteers, whether
you want to walk, hand out supplies, or work the finish line, the more help the better!
Our own Mike Bancewicz, Maria McKenzie, and Donald
Gonzalez will be walking this year. Also, Rob Day and
Donnie MacDougall will be working at the finish line. To
join team Church on the Hill as a volunteer or walker,
call the Church. The Walk for Hunger is a nationally
respected event where all proceeds go towards making
sure that no one goes hungry.
Every donation and volunteer effort goes a long way and
we hope that you can help make a difference!
For More information, including how to donate and sign up to volunteer, visit
www.projectbread.org or www.churchonthehillboston.org
4
Edward J. Mackenzie Jr
Message given to Church on the Hill
March 20, 2011
It brings me comfort and opCmism that our Lord did not
use the language of the streets only hang with the
morally upright ciCzens of society. He did not only
socialize with those who followed Gods law and lived
within societys law.
As well, to our Lord, no person had more claim to heaven
based on income or social status.
Jesus Christ lived with and knew the sinners and the
saints. He lived with and knew those of means and
privilege. And he lived with and knew all so well the
outcast of society - the downtrodden, the poor, the
oppressed. His name and that of a prosCtute, Mary
Magdalene, are forever linked not only in tradiCon or our
Faith, but also in that of our civilizaCon. He did not mind.
Our Lord was put to death by the state. He was crucied
between two criminals who were suering the same fate.
Because one of the criminals believed and earnestly
sought forgiveness Jesus told him he would be saved.
Think about it what faith has as its primary symbol the
Cross an instrument of state sancConed torture
and capital punishment?
I believe that salvaCon and redempCon comes to
dierent people in dierent ways. But I know that
the support and understanding and the
enlightenment, I have found in this faith, among
you, in this house, feels good and right and full of
promise.
I come from a tough background and knew a
whole slew of abuse. You see, I was the
downtrodden and poor that Christ loved. I was
the criminal that Christ saved.
Walking into this church or listening to Rev.
Dr. Ted Klein for the rst Cme might not
have made me Saul geYng hit with the
divine light on the way to Damascus,
but it was a start of something
important, it really was.
You see the life I lived has been complex
5
and one of the streets. It has o[en been

down and dirty. I think that the life of
Emanuel Swedenborg appeals to me because
he was a scienCst, philosopher, and
theologian. He was a man of this world living
to improve society and believing in salvaCon.
He was real and a man of God. This
resonates with me in a big way.
The journey conCnues. We can all be happy
and most grateful for the blessings that have
been given to us. Let us be grateful for all of
you helping each other on our journey to
become a be]er Father, Brother, Sister,
Mother and contributor to Society.
Thank you God and Rev. Klein, I will do my
best to be worthy of it.
Edward Mackenzie
Director of Opera>ons
150
Bo St
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Cooking Classes
Mondays from 4- 6
SOME THOUGHTS ON REBIRTH

Rev. Dr. Ted Klein

During this Cme of Spring and as the Season of Lent
begins, we can reect on rebirth in our lives and lives of
others. We can observe new life breaking out in nature,
and that new life can picture new life breaking out
within and among us.. For example, a ower may
picture new life in a connecCon among people, and the
growth from a seed the beginnings of something new
spiritually.
Pictured in scriptures are a person receiving a new
heart (Ezekiel 11:19) and persons being born of the
spirit (John 3:5). If we are in a process of rebirth, we are
gradually being transformed, becoming a new person.
Our part in this process is to turn from what we nd
with us that contributes to harm and toward what
contributes to good. For example, we may be tangled
and blind as we are caught up in self concern.
Recognizing that we need God and others to change, we
may resist the self concern and move into truly caring
for others.
Swedenborg compares a person being reborn to the
growth of a tree from seed and to the growth of a tree
through leaves, blossoms, and fruit (Swedenborg,
Arcana CoelesCa, no. 5115:2). With rebirth, guided by
God and with our conCnuing eorts, there is progression
and growth.
Rebirth as an overall direcCon goes with specic
turnings in our lives, turnings from what harms and
blocks to what benets and serves. Turning in one area
of our life may make it easier to turn in other areas.
Even when we stumble and fall, we can recover and go
forward, together with God and others.
CLOSING PRAYER
God. Help us to consider steps we need to take, turnings
needed in our lives. Help us, joining with God and
others, to move forward in a path of rebirth. Amen
The Church on the Hill is providing space for a

cooking class that will meet weekly at 4 PM in our
kitchen. The class, facilitated by Marylou Pierron,
will be oering newly housed people cooking
lessons as well as advice on how to cook , healthy,
easy to prepare meals on a budget. Anyone is
welcome to join. We hope this can help inspire
more people to cook healthy meals on their own.
Some Thoughts on
Resurrection
Meet The Choir...
Late in April we will be celebrating

Easter. In our tradition we think of
Easter and the resurrection of Jesus.
What are resurrections in our lives?
How does the resurrection of Jesus
relate to our lives?
In the rebirths of spring, the break out
of new life, we can see kinds of
resurrection. Life continues, new life
emerges.
According to our beliefs each of us, at
death, continues on in a new life. We
are risen and continue as spiritual
beings, with a chance to grow more
and more fully into the person we can
be.
Roland Mills
We can approach Jesus as continually

with us as we face challenges and find
new life in this world. In that way
resurrection can happen over and over
again in our lives.
Roland Mills received his B.M. in Vocal

Performance from Northern Arizona University. He
is a tenor studying classical voice with Dr. Rebecca
Folsom, and currently attends the Boston
Conservatory of Music seeking a Masters Degree.
He currently holds a position in the music history
department of the same school working as a
teachers assistant, and maintains a voice studio at
the Boston Arts Academy. His recent performances
include leading roles in Britten's The Rape of
Lucretia, Die Zauberflte, and Gianni Schicchi,
which he performed in Italy. His future Aspirations
include performing on the greatest of operatic
stages, teaching voice at the college level, and
establishing a school of music in Trinidad, the
country of his birth.
God, help raise us from darkness to

light, from coldness to warmth, from
fear to freedom, from self concern to
love and caring. Amen.
Rev. Dr. Ted Klein

Senior Pastor
Our New Piano!

The Church will be receiving our
newly refurbished Steinway
Piano on Thursday, March 31. We
are very excited to hear how the
sound will enhance our growing Sunday
Services along with our upcoming
Spring Concert, which will be held at
the Church on May 15. Mike, Carlton,
and Victor travelled to New York City to
personally see and hear the piano and
were very pleased and excited with
what they heard. It is a 100 year old
piano which was refurbished, by hand,
and completely redone to make it
visually stunning as well as upping the
sound quality. Victor is ecstatic to finally
be able to put this piano to use during
the Church Service on Sunday, April 3.
From the Editor
Greetings!
March was
an eventful month
and April/May look
to be even more
dynamic. We will
be hosting a
Womens Health fair
(see page 3). A Jack and Jill Baby Shower (page 10)
Guest Minister Marion Easterling (page 10) Walk for
Hunger (page 4) and of course the arrival of our long
awaited Steinway piano plus much more. On any given
day the church is buzzing with some kind activity, though
some times distracting, it is evident that we are blessed
with success in building the mission of the church!
Please see the calendar on page 15 for events of the
Easter Season.
A contingency from the church attended CMMs 45
Annual Meeting and Awards Dinner. Speaking of CMM,
they are awarding us their first Volunteerism
Achievement Award! On March 20th we had our fourth
Laity in the Pulpit this one being led by Eddie
Mackenzie with participation from many others. The
music, message and inter-activeness made this one very
memorable. Being out of town I was sorry to have
missed Rev. Manikkas message celebrating Womens
History Month, but I have heard that the message was
strong and well received.
Congratulations to Mary Guarino for being the winner of
last months Can you name whos who contest having
been able to name 11 of the 12 photos. She will receive
a $50 gift card to Scollay Square Restaurant. We are
having another contest this month (page 11) and the
winner who guesses the most will win a gift card to the
21st Amendment. Call Craig or me at the office or mail
in your answers, Good luck!
Blessings,
Mike
Baby Shower
On Sunday, April 10, we will have a Special

Guest Minister, Rev. Marion Easterling. Marion is
the Senior Pastor at Old West Church on
Cambridge Street in Boston. He has served as a
pastor in Albuquerque, New Mexico and
Colorado Springs, Colorado. In his current
appointment, he is serving Old West Church,
United Methodist of Boston, Massachusetts.
A Jack and Jill baby shower will be held at the

Church on the Hill for Felicia Vega, who has
applied for Church Membership, on April 10 at
1PM. Church Members are invited to make
this a special
day!
Correspondence
10
SWEDENBORG READING New Life in People and in Nature

when people are being reborn, spiritual life flows into them, just as when a tree is budding, its life
flows in by heat from the sun. One who is born a person is in the Word throughout compared to beings in the
vegetable kingdom, especially trees; and this is because the whole vegetable kingdom, as well as the animal
kingdom, represents such things as are in people. (Arcana Coelestia, no. 5115)
Guess Who?
Congratulations to Mary Guarino for winning last month.
She guessed 11 out of 12. Tied for second were Terry Mazzulli and Anne Klein
with 10 out of 12. The answers were from left to right and top to bottom;
Rosie the Riveter, Rosa Parks,
Mother Teresa, Eleanor Roosevelt,
Helen Keller, Harriet Tubman, Maya
Anjelou, Indira Gandi, Golda Meir,
Rachel Revere, Sacagawea, Edith
Piaf. Aprils winner will get a $50 gift
card to the 21st Amendment.
11
Simple Acts of Kindness...

A little boy came up to his mother in the kitchen one evening while she was fixing
supper, and handed her a piece of paper that he had been writing on. After his Mom
dried her hands on an apron, she read it, and this is what it said:
For cutting the grass: $5.00
For cleaning up my room this week: $1.00
For going to the store for you: $.50
Baby-sitting my kid brother while you went
shopping: $.25
Taking out the garbage: $1.00
For getting a good report card: $5.00
For cleaning up and raking the yard: $2.00
Total owed: $14.75
Well, his mother looked at him standing there,
and the boy could see the memories flashing
through her mind. She picked up the pen,
turned over the paper he'd written on, and this
is what she wrote:
For the nine months I carried you while you were growing inside me:
No Charge
For all the nights that I've sat up with you, doctored and prayed for you:
No Charge
For all the trying times, and all the tears that you've caused through the years:
No Charge
For all the nights that were filled with dread, and for the worries I knew were ahead:
No Charge
For the toys, food, clothes, and even wiping your nose:
No Charge
Son, when you add it up, the cost of my love is:
No Charge.
When the boy finished reading what his mother had written, there were big tears in
his eyes, and he looked straight at his mother and said, "Mom, I sure do love you."
And then he took the pen and in great big letters he wrote: "PAID IN FULL".
12
Lehane sometime in May to discuss his book,

too.
The Oasis Coalition of Boston wishes to extend
an invitation welcoming all those interested in
attending the book club. Again, we meet each
and every Tuesday at 10:am. Books are
provided by Oasis at no cost to attendees.
Coffee and doughnuts are provided as well.
Oasis Book Club meets with Author Lara
Bricker after reading her book Lie After
Lie.
Her storybook marriage to husband

James Keown took a horrific turn when ...
from the book Lie After Lie
On March 8th we had the pleasure of inviting

Lara Bricker, the author of our last reading
selection, to the group for a Q&A session.
The Oasis book club is eternally grateful to the

Church on the Hill, Senior Pastor Rev. Dr. Ted
Klein, Director of Operations Edward J.
Mackenzie Jr. and Administrator Michael
Bancewicz for their combined hospitality, not
only for the book club but for all the Oasis
programs housed here at 140 Bowdoin Street.
Lara is a freelance writer currently residing in

Exeter, New Hampshire. This selection was
suggested by Michael Bancewicz, an
acquaintance of Lara. Lie After Lie: the true
story of a master of deception, betrayal, and
murder is a true crime story detailing the
murder of thirty-one year Julie Keown. Her
story book marriage to husband James Keown
took a horrific turn when James began
poisoning Julie with anti-freeze disguised in
Gator-Aide bottles. Her subsequent death
resulted in an investigation that began in
Waltham, Massachusetts and ended in
Missouri from where the couple originated.
Its a chilling story and a great read.
The Oasis Coalition of Boston book club is

hosted by Church on the Hill each Tuesday
between the hours of 10 AM and 12 PM.
Rob Day
Our current reading selection is Mystic River

penned by Boston native Dennis Lehane. We
are in the promising process of inviting Mr.
Ned Carlton, Lara Bricker and Rob Day
13
The Streets Are Ours!

The Oasis Coalition of Bostons Board of
Directors.
Mike preparing braciole.
Donnie MacDougall, Rob Day, Dr. Debra Harkins

David Fisher, Chair and Michael Bancewicz. Not
seen in the photo is newly appointed Treasurer
Susanne Rogers.
Boston Youth Organizing Project meet at Church on the Hill before lobbying at the State House.
A weekly screenwriting class that meets in the Church every

Wednesday 4-6 PM. The class is run by Megan Rice, a
student at Emerson College.
14
Rev. Manikka Bowman was our Guest

Leader on March 20 for Womens History
Month.
Church Calendar Events 2011

All are welcome. Come as you are.
April
Sunday, April 3
9:45 AM
Swedenborg Class with Rev. Dr. Ted Klein
11:00 AM
Church Service with Rev. Dr. Ted Klein
5:00 PM
Church Council Meeting
6:00 PM
Board of Trustees Meeting
9:45 AM
Bible Reflection
11:00 AM
Church Service with Rev. Marion Easterling
9:45 AM
Palm Sunday. Swedenborg Class with Rev. Dr. Ted Klein
11:00 AM
Wednesday, April 20
12:00 Noon
Senior Lunch
Thursday, April 21
6:00 PM
Maundy Service and Communion with Rev. Dr. Ted Klein
Sunday, April 24
11:00 AM
Easter. Easter Service with Rev. Dr. Ted Klein
Wednesday, April 6
Sunday, April 10
Sunday, April 17
May
Sunday, May 1
9:45 AM
Bible Reflection
11:00 AM
Church Service and Communion with Rev. Dr. Ted Klein
5:00 PM
Church Council Meeting
6:00 PM
Board of Trustees Meeting
9:45 AM
11:00 AM
Mothers Day. Church Service with Rev. Dr. Ted Klein
9:45 AM
Bible Reflection
11:00 AM
Spring Choir Concert
Wednesday, May 18
12:00 Noon
Senior Lunch
Sunday, May 22
9:45 AM
11:00 AM
Church Service with Dr. Mary Kay Klein
9:45 AM
Bible Reflection
11:00 AM
Wednesday, May 4
Sunday, May 8
Sunday, May 15
Sunday, May 29
15
Church on The Hill (Swedenborgian)

The Boston Society of the New Jerusalem, Inc.
140 Bowdoin Street, Beacon Hill
Boston, MA 02108-2799
Check Out The New Website at
www.churchonthehillboston.org
16
Lydia Maria Child (1802-1880)

Member of the Church
Writer, Author, Abolitionist,
Civil Rights Advocate
Writer of Over the River
It is my mission to help in the breaking down of classes, and to make

all men feel as if they were brethren of the same family, sharing the
same rights, the same capabilities, and the same responsibilities. While
my hand can hold a pen, I will use it to this end; and while my brain can
earn a dollar, I will devote it to this end. Lydia Maria Child

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NOTICE:Allslipopinionsandordersaresubjecttoformal

Case 1:13-cr-10149-FDS Document 5 Filed 05/21/13 Page 1 of 44

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA

THE UNITED STATES GRAND JURY

Case 1:13-cr-10149-FDS Document 5 Filed 05/21/13 Page 2 of 44

At all times relevant to this Indictment:

The Boston Society of the New Jerusalem was chartered

The Boston Society of the New Jerusalem,

corporation established under the

business in Massachusetts as a non-profit corporation,

specific purpose of holding title to property located at 130-140

Street property encompassed both the Boston Society of the New

These rental units generated

net income of approximately $1.4 million per year.

BSNJ was run by a Board of Trustees, which was elected

by the church members.

The Board of Trustees was responsible

Case 1:13-cr-10149-FDS Document 5 Filed 05/21/13 Page 3 of 44

distribution of all funds for the support of public worship or

the maintenance of financial records, and the

As of in or about 2003, BSNJ also had

a "Director of Operations," who had responsibility and authority

BVC was run by

a Board of Directors and was a wholly-owned subsidiary of BSNJ.

together with its

referred to herein as the "Church."

association in fact of entities (hereinafter,

The enterprise constituted an ongoing organization whose members

achieving the objectives of the enterprise.

and its activities affected,

This enterprise was

interstate and foreign

501 (c) (3)

activities that result

the Church's income or

Case 1:13-cr-10149-FDS Document 5 Filed 05/21/13 Page 4 of 44

insiders is potentially grounds for loss of tax-exempt status.

became a member of the

duties of care and loyalty.

"director ... shall perform his

duties as such ... in good faith and in a manner he reasonably

with respect to a similar corporation ... would use under similar

transactions with the corporation.

From at least as early as in or before September 2002,

within the District of Massachusetts and elsewhere /

Case 1:13-cr-10149-FDS Document 5 Filed 05/21/13 Page 5 of 44

to the Grand Jury

Section 1962(c), that is, to conduct and

United States Code,

through which MACKENZIE and his co-conspirators agreed

conduct of the affairs of the enterprise

Section 1343 (wire fraud)

The pattern of racketeering activitYI as that term is

confederate and agree to violate Title

defined by Title 18,

interstate and foreign commerce

18 1 United States Code I

and others known and unknown

being persons employed by and associated with

and knowingly conspire

indictable under Title 18 1 United States Code I

(extortion); and (e) involving bribery