BOSTON — This is an official press release from the U.S. Department of Justice (USAO - Massachusetts), published as received.
BOSTON – A Lexington, Mass. attorney has been charged and agreed to plead guilty in connection with alleged schemes to defraud Massachusetts victims, including two of his own relatives.
David Smerling, 75, has agreed to plead guilty to a Superseding Information charging him with four counts of wire fraud, two counts of money laundering and one count of aggravated identity theft. Smerling was previously indicted in January 2025 on charges of embezzling from a business partner.
“The alleged multi-million-dollar embezzlement that Mr. Smerling was originally charged with was, unfortunately, just the tip of the iceberg. Today’s charges allege that Mr. Smerling also preyed on a family member with special needs and another with dementia, allegedly stealing money these victims needed for their own care,” said United States Attorney Leah B. Foley.
“For anyone with elderly and vulnerable loved ones, these are frightening allegations,” said Kimberly Milka, Acting Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “David Smerling allegedly betrayed the trust of his victims and took full advantage – embezzling from them to line his own pockets while trying to cover up his crimes. The FBI will never stop working to protect the public from criminals like this, and we’re gratified to see him brought to justice.”
According to court filings, between January 2016 and May 2020, Smerling embezzled more than $2.5 million from three Massachusetts companies for whom he worked as a bookkeeper. Specifically, it is alleged that Smerling transferred funds from the victim companies into a separate bank account that he controlled, before moving the money to bank accounts in his own name or directly from the companies’ accounts to bank accounts in his own name. Smerling allegedly concealed his scheme by changing the mailing address on victims’ bank statements to his home address and refusing to share the online banking password for the victims’ accounts.
Court filings further allege that, between May 2020 and August 2021, Smerling embezzled more than $470,000 from a trust established for the benefit of a relative with special needs for which Smerling served as the trustee. Smerling allegedly transferred trust funds to bank accounts he controlled before sending the funds to bank accounts in his wife’s name or using the funds to pay for personal expenses. It is alleged that Smerling concealed his scheme by making lulling payments to the beneficiary so he would not discover the trust had been depleted.
Court filings also allege that, between May 2023 and April 2025, Smerling embezzled more than $150,000 from a relative with dementia for whom Smerling served as the financial power of attorney. Specifically, Smerling allegedly transferred funds from the victim’s accounts to accounts he controlled, used a credit card in the victim’s name for personal purchases and took out a loan in the victim’s name. To conceal this scheme, Smerling allegedly misrepresented the purpose of the transfers to the financial institutions in which the victim’s accounts were held.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. The charge of money laundering provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $500,000 or twice the value of the property involved in the transaction, whichever is greater. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any sentence imposed on the wire fraud and money laundering charges. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Leah B. Foley and FBI Acting SAC Milka made the announcement today. Assistant U.S. Attorney Kristen A. Kearney of the Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
