In the Matter of Frederick R. Ford

MEMORANDUM OF DECISION

The respondent, Frederick R. Ford, was admitted to the bar of the Commonwealth of Massachusetts in June, 1991. The respondent was temporarily suspended by order of the court on October 7, 1999. On March 22, 2000, the respondent filed a consent to disbarment, see S.J.C. Rule 4:01, § 8 (5).

On January 28, 2000, the respondent pleaded guilty in the United States District Court for the District of Massachusetts "to interstate travel in the commission of murder-for-hire and the use of interstate commerce facilities in the commission of murder for hire in violation of 18 U.S.C. § 1958." Because the respondent's consent to disbarment supports an order of disbarment, I accept his consent to disbarment ².

By the Court,

RUTH I. ABRAMS
Associate Justice

DATED: 24 March 2000

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS

SUPREME JUDICIAL COURT
FOR SUFFOLK COUNTY
NO. BD-99-059

In the Matter of 
FREDERICK R. FORD

RESPONDENT'S CONSENT TO DISBARMENT

Frederick R. Ford, who was duly admitted to the bar of the Commonwealth on June 19, 1991, and who was temporarily suspended by order of this Court on October 7, 1999, hereby waives formal proceedings as provided for in S.J.C. Rule 4:01, § 8, and, pursuant to S.J.C. Rule 4:01, § 8(S), consents to an order of disbarment, effective October 7, 1999, and further states as follows.

1. My consent to disbarment is freely and voluntarily rendered, I am not being subjected to coercion or duress, and I am fully aware of the implications of consenting to disbarment. I understand that, by consenting to disbarment, I have waived evidentiary proceedings before a hearing committee, the Board of Bar Overseers, and the Supreme Judicial Court; my name will be stricken from the roll of attorneys; my disbarment will be made public and will be reported to courts and disciplinary authorities in this and other jurisdictions; I will not be eligible to apply for reinstatement before eight years have passed from the effective date of the disbarment; and I may never be reinstated to the practice of law in the Commonwealth.

2. I am aware that there is presently pending proceedings into allegations that I have been guilty of misconduct. The nature of this misconduct is set forth in the affidavit of Special Agent Joseph W. Desmond filed in the United States District Court for the District of Massachusetts on August 17, 1999, attached hereto as Exhibit 1. On January 28, 2000, I entered a plea of guilty in the United States District Court for the District of Massachusetts to interstate travel in the commission of murder-for-hire and use of interstate commerce facilities in the commission of murder-for-hire in violation of 18 U.S.C. § 1958. 1 am currently incarcerated, and my sentencing is scheduled for April 25, 2000.

3. I do not wish to contest any bar discipline charges now pending, and I understand that a judgment for my disbarment would likely result if the matters were litigated.

4. I acknowledge freely and voluntarily that I have been convicted, as that term is defined by S. J. C. Rule 4:01, § 12(I), of these crimes and that a Hearing Committee, the Board, and the Court will conclude that I have committed the material acts establishing these crimes. I further agree that the facts underlying the conviction are sufficient to establish violations of Mass. R. Prof. C. 8.4(b), (c), (d), and (h). I agree not to contest these facts and the disciplinary rule violations in this or other bar discipline or reinstatement proceedings.

5. I understand and acknowledge that I have the right to be represented by counsel in these proceedings and that the Board of Bar Overseers will assist me in locating counsel if I am unable to afford a lawyer. I waive the right to be represented by counsel.

6. I understand and acknowledge that the Bar Counsel has made no representations or promises to me whatsoever regarding the effects of consenting to disbarment other than what is stated herein.

7. I understand and acknowledge that there have been no representations or promises made to me regarding any present or future criminal or civil proceedings against me or as to the effect of this consent to disbarment on my privilege against-self incrimination.

8. 1 am not now suffering from any physical disability or condition which would impair my understanding of the allegations and proceeding against me, the voluntary nature of this action, or my full understanding of the consequences of the execution of this consent to disbarment.

9. 1 am currently admitted to practice before the following courts and tribunals: Massachusetts, United States Court of Appeals for the First Circuit, United States District Court for the District of Massachusetts.

10. Commissioners were appointed to carry out my obligations under the order of temporary suspension. The commissioners' final report was filed on February 22, 2000.

Dated at____________, _________________this _____ day of ________, 2000.

Frederick R. Ford

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA 
      v.
FREDERICK R. FORD

M.J. No. 99-M-250-JLA

AFFIDAVIT OF SPECIAL AGENT JOSEPH W. DESMOND

I, Joseph W. Desmond, being duly sworn, hereby depose and state as follows:

1. I am employed as a Special Agent of the Drug Enforcement Administration ("DEA") and have been so employed for more than 16 years.

2. I am submitting this affidavit in support of a Criminal Complaint charging Frederick R. Ford, Esquire ("Ford") with the violation of the murder-for-hire statute, 18 U.S.C. § 1958. Ford, a former United States Probation Officer, is a criminal defense attorney with an office at 63 Chatham Street in Boston. As described in detail below, there is probable cause to believe that, during the period from July 26, 1999 through August 17, 1999, Ford used interstate commerce facilities in connection with a murder-for-hire plan that targeted two of Ford's former clients.

3. This affidavit is being submitted for the limited purpose of establishing probable cause to believe that Ford committed the crime charged in the accompanying Criminal Complaint. To make the required showing of probable cause, I have included a detailed description of Ford's dealings with Special Agent John McGlynn of the Division of Labor Racketeering, Office of the Inspector General, Department of Labor. ("S/A McGlynn"). During the undercover phase of this investigation, S/A McGlynn posed as a "hit man." In light of the limited purpose of this affidavit, I have not included each and every fact known to me concerning the government's investigation of ' this case. Similarly, this affidavit does not include each and every fact known to me about other criminal conduct engaged in by Ford. Ford's Role In A Kidnapping

4. For the past several months, myself and Special Agent Steven P. Mitchell of the Division of Labor Racketeering, Office of the Inspector General, Department of Labor ("S/A Mitchell") have been investigating the kidnapping of a large-scale marijuana dealer from Massachusetts. The kidnapping took place during the spring of 1998 and involved several individuals. Recently, myself and S/A Mitchell learned that Ford proposed the kidnapping plot to one of his former clients. For proposing the kidnapping, Ford expected to receive a share of any proceeds realized from the venture.

5. Approximately two months ago, Ford became aware of the government's investigation into the kidnapping. During the early part of July 1999, Ford confided to an individual cooperating with the government ("CI") that he was considering killing his former client, and another individual, also a former client, in order to prevent those individuals from testifying against him in the government's kidnapping investigation.

6. After learning of Ford's intentions, S./A Mitchell and I instructed the CI to contact Ford and tell him not to do anything- until the CI and Ford had a chance to meet. During the tape-recorded meeting that followed, Ford reiterated his desire to have his former clients killed in order to avoid prosecution for his role in the kidnapping. As reflected in the tape-recording of this meeting, Ford also told the CI that he was prepared to kill his former clients himself. Ford explained to the CI that he planned to conceal himself in a van and shoot one of his former clients with a rifle.

7. During this meeting, the CI told Ford that, if he were serious about killing these two individuals, the CI had a friend out of New York who would be willing to commit the murders for Ford. Ford indicated that he was interested in hiring the CI's friend to commit the murders. Ford asked the CI what he thought his friend would charge. The CI told Ford that his friend would probably charge a fee of $10,000. The CI also told Ford that his friend would need a couple of "cold ones" to commit the murders, a reference to two untraceable firearms.

8. After Ford assured the CI that he was serious about going forward with the plan, the CI and Ford discussed the logistics of an introduction. The CI said that he would have his friend place a short telephone call to Ford at his law office. The CI suggested that, during this first telephone call, his friend would provide Ford with a call back number. The CI further suggested that, after receiving the telephone number, Ford could then go to a public telephone and safely call the CI'S friend. As an added security measure, Ford requested that, during the initial telephone call, the CI's friend recite his telephone number in reverse order.

9. Subsequent to this meeting, Ford spoke to the CI on the telephone. During this telephone conversation, which was tape-recorded, Ford told the CI that he would need approximately a week to obtain the guns and the money. Ford asked the CI to have his friend call him at his law office on Monday, July 26, 1999.

Ford Hires A Hit Man

10. On July 26, 1999, at approximately 1:57 p.m., S/A McGlynn placed a tape-recorded telephone call to Ford at his law office in Boston. Speaking in code, S/A McGlynn told Ford, "A friend of mine told me to give you a call today about some baseball tickets on Mr. Ruth." Ford replied, "Could you give me a number? I'll get back to you in about 10 minutes, 10, 15 minutes. Is that alright?" S/A McGlynn stated, "I'm gonna give you a number. I'll be at the number for about half an hour, alright?" Based on the code previously agreed to by Ford and the CI, S/A McGlynn recited his New York telephone number in reverse order.

11. Approximately 15 minutes later, Ford placed a telephone call to S/A McGlynn in New York. This telephone call was tape-recorded. At the outset of the conversation, S/A McGlynn stated, "Listen, the reason I called you is my friend said you might be able to get me ten tickets for ah, the green monster." S/A McGlynn's use of the phrase "ten tickets" was a reference to $10,000. After Ford responded affirmatively, S/A McGlynn stated, "It's one of the few places I've never seen. I can't wait to sit there and have a couple of cold ones," a reference to the guns Ford was supposed to obtain. When S/A McGlynn brought up the guns, Ford, speaking in code, stated, "Yeah, that's fine. The only problem is you have to get it with your own bat and glove now," meaning that he had not been able to obtain the guns. When S/A McGlynn asked Ford for an additional $1,000, Ford agreed.

12. After reaching an agreement about S/A McGlynn's fee, the two men agreed to meet the following afternoon. Ford provided S/A McGlynn with both his pager number and his cellular telephone number (in reverse order). Before concluding the conversation, Ford told S/A McGlynn that he could arrange for S/A McGlynn to meet the "other contractors," meaning the intended victims. In response to this offer, S/A McGlynn told Ford, "I don't even need you to introduce me. I'll do my own introductions." Ford replied, "Oh, I understand. I was just trying to be helpful."

13. During this conversation, S/A McGlynn and Ford discussed, in cryptic terms, the timing of the murders. S/A McGlynn told Ford that he could "guarantee . . . a very safe, efficient, effective job the following weekend." Later in the ' conversation, S/A McGlynn told Ford "if it's urgent for you to get that work done (meaning the murders), ah, more rapidly, ah, we'll do it more rapidly." Ford replied, "I think it is." S/A McGlynn stated that he wanted to "make sure [Ford] got a quality job and there's no errors that we have to come back again." Ford responded, "Yeah, there can't be any." At the conclusion of the conversation, the two men agreed to speak the following day to finalize the details of their planned meeting.

Ford Pays S/A McGlynn $-11,000

14. The following day, at approximately 2:00 p.m., S/A McGlynn placed a telephone call to Ford from a public telephone in Natick, Massachusetts. During this conversation, Ford agreed to meet S/A McGlynn in the parking lot of the Dunkin' Donuts restaurant on Route 30 in Natick in an hour. Ford told S/A McGlynn that he would be driving a 1998 Cadillac to the meeting.

15. Shortly before 3:00 p.m., Ford arrived at the Dunkin' Donuts. After Ford arrived, S/A McGlynn and Special Agent Anthony Evgenikos of the Division of Labor Racketeering, Office of the Inspector General, Department of Labor ("S/A Evgenikos") met with Ford in the parking lot. After exchanging greetings, Ford and S/A McGlynn got into S/A McGlynn's rented Lincoln Towncar to speak privately. Inside the car, which was equipped with a recording device, Ford and S/A McGlynn discussed the order of the planned executions. Ford indicated that it was important that one of the two individuals be murdered first.

16. Ford then raised the timing of the murders. As reflected on the tape-recording of this meeting, Ford stated, "What do I do in the interim if something really, really important comes up and I have to reach you, say if the thing has to be moved up? I'm not saying it has to be moved up. Your schedule is fine. Whatever it is, if you say a week from, the weekend after this, that's fine." In response to Ford's concerns, S/A McGlynn told Ford that he would call him every two days to make sure "that there's no change in the schedule."

17. After some further conversation, Ford gave S/A McGlynn three envelopes containing a total of $11,000. After making the payment, Ford suggested that he and S/A McGlynn go inside Dunkin' Donuts while S/A Evgenikos counted the money.

18. Inside Dunkin' Donuts, Ford reiterated the order of execution. Ford also apologized for his inability to obtain the cold guns. Ford told S/A McGlynn that, if automatics were used for the murders, he wanted the shooter to empty an entire clip into each of the intended victims. Ford commented, "I just want them dead. I don't want them to suffer."

19. During their conversation inside Dunkin' Donuts, Ford told S/A McGlynn that he could arrange a meeting between himself and his former clients so S/A McGlynn and S/A Evgenikos could "eyeball" the intended victims. Ford suggested that he invite the two targets to a Boston area restaurant the following evening. Ford further suggested that S/A McGlynn and S/A Evgenikos eat dinner at the restaurant at the same time. In this way, S/A McGlynn and S/A Evgenikos could simply observe the two men drinking with Ford. S/A McGlynn agreed to stay in the Boston area for an additional day to observe this meeting.

20. Before leaving Dunkin' Donuts, S/A McGlynn told Ford that his primary business involved stolen diamonds. When S/A McGlynn asked Ford if he knew anyone in the Boston area with stolen diamonds to sell, Ford promised to look into it.

21. When Ford and S/A McGlynn left Dunkin' Donuts, they walked over to S/A McGlynn's rented vehicle. Before parting company with Ford, S/A McGlynn promised to call him the following day to finalize the details of their dinner plans.

22. The events of July 27, 1999 were video-taped, taperecorded and photographed. Attached to this affidavit is a true and accurate photocopy of a photograph of Ford meeting with S/A McGlynn and S/A Evgenikos in the parking lot of Dunkin' Donuts.

The Failed Showcasing of the Intended Victims

23. The following day, S/A McGlynn spoke to Ford on the telephone. Ford told S/A McGlynn that he would contact the intended victims and invite them to meet him for a drink at The Warren Tavern in Charlestown. S/A McGlynn told Ford that he would be at the restaurant at 6:00 p.m. to get a look at the intended victims.

24. At approximately 6:00 p.m., surveillance agents observed Ford enter The Warren Tavern. Although agents observed Ford in the bar area of the restaurant, he was alone. Later that evening, S/A McGlynn spoke to Ford on the telephone. Ford admitted that he had contacted his former clients and invited them to the restaurant. Ford explained that neither man arrived at the restaurant as planned. S/A McGlynn concluded the telephone call by telling Ford that he planned to take his time planning and carrying out the murders.

Ford Proposes Another Kidnapping

25. On August 5, 1999, at approximately 2:10 p.m., S/A McGlynn placed a telephone call to Ford from New York. During this tape-recorded telephone call, Ford indicated that he was on vacation on Cape Cod. Ford confided that he was "awful relieved to hear from you." S/A McGlynn told Ford that he and his associates were "working on it now." In response to this news, Ford stated, "Just hearing from you will let me sleep well tonight." Ford indicated that he planned to return to the Boston area on Monday, August 9, 1999. S/A McGlynn told Ford that if they started the operation soon, he would contact him. If not, S/A McGlynn promised to contact Ford and let him know when the plans would be carried out. Ford asked S/A McGlynn to call him on Monday. Speaking in code, Ford stated, "I'm looking, looking forward to hearing from that, that woman that's talking about, ah adopting those two Irish kids." By this statement, Ford indicated to S/A McGlynn that he was anxious to have his two former clients killed.

26. During this tape-recorded telephone call, S/A McGlynn, speaking in code, asked Ford if he had been able to find anyone who was interested in selling stolen diamonds. After expressing some confusion about S/A McGlynn's coded language, Ford told S/A McGlynn that he was "on the look for something that will be, if I could, so I could just throw it your way, as a, as a bonus, if you will." Ford explained, "Anything that comes along, ah, I don't, I don't even want a piece of it." Ford indicated that any proposal would be in the way of a "thank you." When S/A McGlynn offered to pay Ford a finder's fee, Ford said, "I would just be happy to come down to the city and have a dinner, steak and ah, a nice steak dinner with [S/A McGlynn] after this is all over."

27. On Monday, August 9, 1999, at approximately 4:07 p.m., S/A McGlynn placed a telephone call from New York to Ford's cellular telephone. During this tape-recorded conversation, S/A McGlynn indicated that August 27, 1999 looked like the target date for the executions. Ford reacted to this news by sighing, "That late, huh?" Ford stated that he had received information from an associate indicating that they should expedite that trip to Europe," meaning move up 'the date for the executions. S/A McGlynn stated that he would do his best.

28. During this conversation, Ford told S/A McGlynn that he had found some of those "sparkly things." Ford suggested that they talk about this subject later during an in-person meeting. S/A McGlynn told Ford to go to a public telephone and that he would call him at 5:00 p.m. Before hanging up, Ford asked S/A McGlynn if there was "a possibility of moving things up."

29. At approximately 5:00 p.m., S/A McGlynn placed a telephone call from New York to Ford's cellular telephone. During this conversation, Ford provided S/A McGlynn with the telephone number to Bakey's, a bar in downtown Boston. S/A McGlynn told Ford that he would call him at that number in five minutes.

30. A few minutes later, S/A McGlynn placed a tape-recorded telephone call to Bakey's from New York and spoke to Ford. During this conversation, S/A McGlynn told Ford that he would do the executions as soon as possible. The conversation then turned to Ford's latest proposal concerning diamonds. When S/A McGlynn asked Ford about the number of diamonds involved, Ford indicated that the store was one of the biggest jewelry stores in the city. S/A McGlynn asked Ford if the owner wanted to do a deal. Ford explained, "No, no, it would be one of those things where you make him do a deal." When S/A McGlynn did not respond right away, Ford said, "This is probably something we better talk in person." Speaking cryptically, Ford indicated that the owner would give up his inventory in return for his son, if he "had to." Ford assured S/A McGlynn that the owner of the store was not connected to organized crime. Ford stated that, if the owner were "connected," he "certainly would have seen that."

31. Later in the conversation, Ford asked S/A McGlynn to call him on Wednesday. S/A McGlynn replied that he would not be able to call him until Thursday or Friday. Ford then questioned S/A McGlynn about the August 27th target date. S/A McGlynn repeated that he would try to move up the date for the executions. Ford explained his anxiety, "I just, I just don't want two people taking seats at the, ah, in front of 23 people and telling their story." S/A McGlynn assured Ford that that would not happen. The two men agreed to speak again on Thursday, August 12, 1999.

32. On August 12, 1999, at approximately 4:58 p.m., S/A Evgenikos placed a telephone call to Ford's law office from New York. During this tape-recorded telephone conversation, S/A Evgenikos asked Ford for a call-back number. Ford provided S/A Evgenikos with the telephone number to Bakey's.

33. Approximately five minutes later, S/A McGlynn placed a telephone call from New York to Bakey's. During this taperecorded conversation, S/A McGlynn indicated that everything would be taken care of the following week. The two men agreed to meet in person on Tuesday, August 17, 1999. Ford also indicated that, when they met on Tuesday, he would have additional information about the kidnapping of the-jewelry-store owner's son. S/A McGlynn told Ford that he would call him on Monday afternoon to finalize the details of the meeting.

34. During this conversation, Ford told S/A McGlynn that he hoped to be able to contact him at some point in the future. Ford commented that he would be happy to have things behind him. S/A McGlynn assured Ford that his former clients would never perform in front of the 23 people. S/A McGlynn told Ford that he was confident that everything would be taken care of the following week. Ford replied, "Oh, that's good." S/A McGlynn told Ford that he may have "an answer" for him by the time of their meeting on Tuesday. Ford replied, "Terrific."

35. During this conversation, Ford outlined in cryptic terms the target of his most recent kidnapping proposal. Ford told S/A McGlynn that the jewelry store was a large establishment with three different locations. Ford speculated that the stores would have a significant diamond inventory. At the conclusion of this conversation, the two men agreed to speak again on Monday, August 16, 1997.

36. On Monday, August 16, 1999, at approximately 2:20 p.m., S/A McGlynn and Ford spoke on the telephone. This conversation was tape-recorded. S/A McGlynn told Ford to be at the same ' Dunkin' Donuts where they met previously at 9:45 a.m. the following morning. During this conversation, Ford indicated that he would have additional information for S/A McGlynn concerning the proposed kidnapping.

37. On Tuesday, August 17, 1999, at approximately 9:45 a.m., S/A McGlynn placed a tape-recorded telephone call to Ford's cellular telephone. Ford indicated that he had already arrived at the Dunkin's Donuts.. S/A McGlynn told Ford that he was up the street at the Sheraton Tara. Ford agreed to meet S/A McGlynn in a restaurant in the hotel.

38. At approximately 9:56 a.m., Ford pulled into the parking lot of the hotel and went inside. Ford met with S/A McGlynn at a table inside one of the hotel restaurants. This meeting was tape-recorded. S/A McGlynn told Ford that he was waiting for confirmation that Ford's former clients had been killed. S/A McGlynn commented that Ford had taken himself out of trouble. Ford replied, "Oh, yeah." As reflected in the tape- recording of this meeting, Ford also admitted that, as a lawyer, he had stepped way over the line. S/A McGlynn asked Ford how the victims could have hurt him. Ford replied that they could have implicated him in "a lot of stuff."

39. The conversation then turned to Ford's latest kidnapping proposal. Ford identified the name of the jewelry store and provided S/A McGlynn with a description of the intended victim. Ford revealed that he had represented the intended victim on four previous matters. From his prior representation, Ford knew that the intended victim currently was living in a halfway house. Ford provided S/A McGlynn with the location of the halfway house and a description of the intended victim's daily routine at the halfway house.

40. Later in the meeting, S/A Evgenikos approached S/A' McGlynn and indicated that Ford's former clients had been killed. S/A McGlynn told Ford, "It's done." A few minutes later, S/A McGlynn asked Ford if he was a religious man and whether or not his beliefs posed any issues of conscience. Ford replied, "No." Ford explained that he had been troubled by the "what if" scenarios he had been replaying in his head.

41. At approximately 10:25 a.m., S/A McGlynn and Ford concluded their meeting. Ford was arrested a short time later.

42. Based on all of the foregoing, all of which is true and accurate to the best of my knowledge, information and belief, there is probable cause to believe that Ford committed the crime charged in the accompanying Criminal Complaint.

JOSEPH W. DESMOND, SPECIAL AGENT
DRUG ENFORCEMENT ADMINISTRATION

Sworn and subscribed before me ,this 17th day of August, 1999.

JOYCE LONDON ALEXANDER
UNITED STATES MAGISTRATE JUDGE

¹ The complete Order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.

² I have attached hereto the respondent's consent to disbarment and the FBI report of his conduct.

 

Related to No. BD-99-059

• S.J.C. Order of Immediate Temporary Suspension and for Appointment of Commissioners entered by Justice Abrams, 10/07/1999