Former New Bedford police union treasurer to plead guilty to embezzling $50,000
NEW BEDFORD — A former police sergeant and treasurer of the New Bedford Police union was charged in federal court Monday with wire fraud for allegedly embezzling nearly $50,000 in union funds from 2016 through 2019, according to court filings.
Joshua Fernandes, 42, of New Bedford, has agreed to plead guilty, the U.S. Attorney's Office for the District of Massachusetts announced Tuesday.
With union funds, the former sergeant allegedly spent about $1,000 on a Florida hotel stay; more than $3,000 on tickets for New Kids on the Block, Comic-Con and Hanson; more than $100 for the online dating site, Match.com; and more than $1,000 at the Toy Vault in Dartmouth.
Background: FBI investigating New Bedford police union finances
The filing also alleges Fernandes spent more than $14,000 to pay for his and his family's phone bills. In total, the federal government alleges he stole at least $48,000 in union funds.
The New Bedford Police Union collects dues from approximately 240 members, which are used to pay for union-related expenses such as organizing, fundraising and day-to-day operations, according to the court filing.
As treasurer, Fernandes had control over the union's two bank accounts and the duty to ensure funds were property disbursed, the filing states. The attorney's office alleges Fernandes transferred tens of thousands of dollars from one union account to the other to conceal his embezzlement.
The charging statute provides a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000, according to the attorney's office. Sentences are imposed by a federal district court judge based upon the U.S. sentencing guidelines and other statutory factors.
2019 arrest and termination from department
Fernandes was previously arrested for tracking his ex-wife with a GPS, taking her minivan and smashing the vehicle's windows. Following a dangerousness hearing related to the charges in May 2019, a judge ordered Fernandes into treatment instead of jail, the Standard-Times previously reported.
He was one of the first responders to the Foxy Lady rampage in December 2006 where a bullet struck him in the mouth and exited near his ear. In 2019, Fernandes' attorney argued in court that he suffered from post-traumatic stress disorder and depression as a result of the shooting.
Looking back: Foxy Lady shootout hero files for disability after stalking arrest
Fernandes previously told the Standard-Times he was terminated following his arrest, but a department spokesperson in 2019 would not say whether he was terminated.
Problems with union finances
Hank Turgeon, union president, told the Standard-Times in January 2020 that the FBI was investigating the union's finances and that a private accounting firm was conducting a forensic audit at the executive board's request.
Turgeon said Fernandes served as treasurer from 2011 to 2019.
About a year later, in 2021, a 19-page document was emailed to union members alleging nearly $675,000 in undocumented union spending since 2011.
The document, obtained by the Standard-Times, is not an official report, but instead contains the opinions and detailed notes of a lieutenant based on their review of a financial report.
More: Document alleges New Bedford Police Union missing, misappropriating funds
In response to the document's allegations, Turgeon told NBC 10 News in January that the U.S. Attorney's office received the union's financial records after the audit was completed, and that the board has taken "numerous steps" to put safeguards in place.
Turgeon did not immediately respond to a request for comment Tuesday regarding the new charge against Fernandes.
Assistant U.S. Attorney Eugenia M. Carris is prosecuting the case and did not immediately respond to a request for comment.
Erin Opperman, Fernandes' attorney, said she had no comment on the charge.
A plea hearing has not yet been scheduled. Opperman and Liz McCarthy, a spokesperson for the U.S. attorney's office, said Fernandes is not currently in federal custody and that his initial court appearance is scheduled for Aug. 3 via Zoom.
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