{"id":9170,"date":"2026-08-24T13:58:23","date_gmt":"2026-08-24T13:58:23","guid":{"rendered":"https:\/\/elfarolatino.com\/?p=9170"},"modified":"2026-08-24T13:58:24","modified_gmt":"2026-08-24T13:58:24","slug":"brian-depena-before-federal-justice-intent-certifications-and-the-use-of-funds-will-be-at-the-center-of-the-case","status":"publish","type":"post","link":"https:\/\/elfarolatino.com\/en\/brian-depena-before-federal-justice-intent-certifications-and-the-use-of-funds-will-be-at-the-center-of-the-case\/","title":{"rendered":"Brian DePe\u00f1a before federal justice: intent, certifications, and the use of funds will be at the center of the case"},"content":{"rendered":"

LAWRENCE, Massachusetts.\u2014<\/strong>\u00a0The federal case file against Brian DePe\u00f1a<\/a> contains multimillion-dollar figures, bank transfers, and payments that could prove difficult to explain before a jury. However, the trail of the money constitutes only one part of the legal analysis. Among the central issues will be determining what DePe\u00f1a represented to the Government, what he knew about the restrictions applicable to the funds, and what his intent was when he requested the loan increases.<\/p>

That is how criminal defense attorney Genesis A. Peduto explains it. She conducted for El Faro Latino an independent analysis of the case based exclusively on the criminal complaint, the court record, and publicly available information.<\/p>

Peduto has more than<\/a> 28 years of experience in criminal defense and has represented clients in complex cases before state and federal courts. She is admitted to practice law in New Jersey, New York, Pennsylvania, and Florida, and throughout her career has handled federal investigations, financial crimes, drug trafficking, and other highly complex criminal charges. She is bilingual in English and Spanish and maintains a private practice dedicated to representing clients in significant criminal matters.<\/p>

Peduto does not represent Brian DePe\u00f1a, is not part of his defense team, and has not had access to the Government\u2019s discovery. Nor has she reviewed the complete affidavit of federal agent Zachariah Marino, a document to which the complaint refers as the basis for probable cause. Her analysis, therefore, does not constitute an opinion regarding DePe\u00f1a\u2019s guilt or innocence, but rather an assessment of the legal issues that will likely be the subject of investigation and litigation.<\/p>

DePe\u00f1a currently faces a criminal complaint in the U.S. District Court for the District of Massachusetts, identified as United States v. Brian DePena, case number 26-MJ-1383-DLC.<\/p>

The complaint was filed on August 13, 2026, and, for now, contains two charges: wire fraud, under Sections 1343 and 2 of Title 18 of the United States Code, and monetary transactions in criminally derived property, under Sections 1957 and 2.<\/p>

\"\"
Criminal defense attorney G\u00e9nesis A. Peduto.<\/figcaption><\/figure><\/div>

The case concerns approximately US$1.65 million received by Tenares Tire Services Inc., a tire sales and automotive services business owned by DePe\u00f1a, through the U.S. Small Business Administration\u2019s Economic Injury Disaster Loan (EIDL) program.<\/p>

According to the allegations disclosed by the Government, DePe\u00f1a obtained the funds between 2020 and 2021 and used part of the money to pay personal tax obligations, finance his political campaign, and pay off approximately US$883,000 in high-interest private loans related to properties he owned.<\/p>

The charges are serious. But for Peduto, there is a legal distinction that must be examined carefully: using funds for purposes incompatible with the terms of a loan and obtaining the money through fraud are not necessarily the same issue.<\/p>

The answer will depend, among other things, on the representations and certifications DePe\u00f1a made to the SBA when he requested the subsequent increases and on what can be proven regarding his intent at that time.<\/p>

A real business and a first loan<\/strong><\/p>

The first disbursement occurred in June 2020, when Tenares Tire received approximately US$150,000.<\/p>

According to public information about the case, the Government acknowledges that most of that first disbursement was used as operating capital.<\/p>

That fact could prove important because Tenares Tire is not presented as a fictitious company created exclusively to obtain pandemic funds. It was an existing business dedicated to tire sales and automotive services.<\/p>

For Peduto, that fact initially distinguishes this case from other pandemic fraud prosecutions built around nonexistent companies, fictitious employees, or businesses created exclusively to apply for public funds.<\/p>

However, the existence of a legitimate business does not by itself determine the legality of the subsequent modifications or the use made of the additional funds.<\/p>

And that is precisely where the most complicated part of the case begins.<\/p>

The increases<\/strong><\/p>

In April 2021, DePe\u00f1a allegedly requested an increase in the loan.<\/p>

The SBA approved an additional US$350,000 on July 14, raising the total financing to US$500,000. The funds were deposited on or about August 16, 2021.<\/p>

According to the Government, shortly afterward DePe\u00f1a paid approximately US$85,000 to the IRS for personal tax obligations, transferred approximately US$120,000 to a personal account, and allocated approximately US$90,000 to his campaign through checks made payable to The Committee to Elect Brian DePe\u00f1a.<\/p>

The Government maintains that those payments were recorded as personal loans from the candidate to his campaign.<\/p>

A second modification followed.<\/p>

On October 27, 2021, the SBA approved approximately US$1,154,400 in additional funds, bringing the total financing to approximately US$1.65 million.<\/p>

On November 30, 2021, approximately US$1,154,188 was deposited into Tenares Tire\u2019s account.<\/p>

According to the Government\u2019s allegations, DePe\u00f1a transferred virtually all of the money to a personal account that same day.<\/p>

He allegedly later allocated US$42,112.96 to his campaign, US$538,109.03 to pay an obligation to a private lender, and US$345,184.13 to pay another private debt.<\/p>

The latter two payments totaled approximately US$883,293.<\/p>

The Government also maintains that, as of August 2026, only 16 payments had been made and approximately US$1.65 million in principal remained outstanding.<\/p>

The certifications could be decisive<\/strong><\/p>

For Peduto, some of the most important documents in the case still must be examined before conclusions are reached: the applications, modifications, and certifications submitted to the SBA.<\/p>

The wire fraud charge requires the Government to prove, beyond a reasonable doubt, that DePe\u00f1a knowingly and intentionally participated in a scheme to defraud and that interstate electronic communications were used to carry it out.<\/p>

For that reason, the accusation should not be analyzed solely by asking where the money ultimately went.<\/p>

It will also be necessary to determine what DePe\u00f1a represented in order to obtain it.<\/p>

\u201cA violation of the contractual or regulatory terms of a loan does not necessarily establish, by itself, wire fraud. But the situation would be very different if the prosecution could prove that a person made a material representation that he knew was false in order to obtain the disbursement,\u201d Peduto explains.<\/p>

The defense would have to review the original application, each modification, the Loan Authorization and Agreements, the signed certifications, the SBA instructions in effect during 2020 and 2021, communications between the agency and DePe\u00f1a, exchanges with his accountant or financial adviser, and Tenares Tire\u2019s accounting records.<\/p>

It will be particularly important to establish exactly what DePe\u00f1a certified regarding the future use of the money when he requested each increase.<\/p>

If the certifications expressly stated that the funds could be used only for certain business purposes, and the Government is able to prove that, at the time he signed them, DePe\u00f1a had already decided to allocate them to prohibited personal or political purposes, the evidence of intent could be considerably stronger.<\/p>

But that conclusion cannot be assumed without first examining the documents.<\/p>

The second charge and the criminal origin of the money<\/strong><\/p>

The second charge presents another legal issue.<\/p>

Section 1957 criminalizes certain monetary transactions exceeding US$10,000 involving criminally derived property.<\/p>

According to Peduto, the analysis does not end with proof that a transfer exceeding US$10,000 occurred.<\/p>

It will first be necessary to establish that the money involved was, in fact, proceeds of criminal activity.<\/p>

The Government\u2019s theory will likely depend on first proving that certain EIDL funds were obtained through fraud and that DePe\u00f1a subsequently conducted transactions exceeding US$10,000 using those funds.<\/p>

If the prosecution proves the underlying fraud, the subsequent transfers could provide the basis for the charge under Section 1957.<\/p>

If, on the other hand, certain funds were obtained legitimately and the issue consisted solely of a subsequent use incompatible with the terms of the loan, a defense could question whether those amounts constituted proceeds of a federal crime for purposes of that charge.<\/p>

The answer will depend on the evidence.<\/p>

The accountant and the complete conversations<\/strong><\/p>

Another important component will be reconstructing what DePe\u00f1a knew and what advice he received.<\/p>

A defense would have to investigate who explained the EIDL program restrictions to him, what documents he received, what conversations he had with his accountant or financial adviser, and whether he sought advice before making certain transfers.<\/p>

It would also be necessary to establish who prepared the modification applications, what information DePe\u00f1a provided, what uses of the money were discussed, and what advice he received.<\/p>

The Government has stated publicly that it possesses messages related to the application process. For Peduto, any responsible analysis would require examining the complete conversations and not merely isolated messages.<\/p>

That does not mean that the involvement of an accountant eliminates criminal responsibility.<\/p>

\u201cA potential defense based on professional advice would have real value only if it could be shown that DePe\u00f1a acted in good faith and disclosed the relevant information to the professional. One cannot invoke an adviser\u2019s advice after concealing from that adviser the very facts that make a transaction problematic,\u201d Peduto states.<\/p>

An independent forensic audit<\/strong><\/p>

Peduto believes that defense counsel should also retain an independent forensic accountant to reconstruct the complete movement of the funds.<\/p>

The analysis would have to trace every disbursement, transfer, and payment, determine how it was accounted for, and establish whether there was any legitimate business relationship to Tenares Tire.<\/p>

Particular attention should be directed to the approximately US$883,293 used to pay off the private loans.<\/p>

But Peduto cautions that it should not be assumed, without documentation, that those obligations had a business connection.<\/p>

A defense investigation would have to determine which properties secured the obligations, who owned them, whether any were related to Tenares Tire, how the debts appeared on the books, whether the private loans had ever financed business operations, and whether contemporaneous documents exist connecting any portion of those obligations to a business purpose.<\/p>

If that documentation does not exist, the defense would have to confront that fact.<\/p>

The most difficult facts for the defense<\/strong><\/p>

Peduto acknowledges that the chronology publicly described by the Government presents significant problems.<\/p>

Among them is the allegation that approximately US$1.154 million reached Tenares Tire\u2019s account on November 30, 2021, and that virtually all of it was transferred to a personal account that same day.<\/p>

That fact could become an important part of the prosecution\u2019s presentation to a jury.<\/p>

A responsible defense should not attempt to explain it through an improvised theory. Any legitimate business explanation would have to be supported by records, accounting documents, or other contemporaneous evidence.<\/p>

The certifications corresponding to the loan modifications could also prove especially important.<\/p>

If the Government is able to prove that DePe\u00f1a promised to use the funds exclusively for certain authorized purposes while he already intended to allocate them to personal taxes, political expenses, or strictly personal obligations, that evidence could strongly support the fraud charge.<\/p>

For that reason, for Peduto the areas deserving the greatest attention are the certifications, communications with advisers, the immediate transfer of the funds, and the temporal relationship among DePe\u00f1a\u2019s financial needs, the requests for increases, and the subsequent disposition of the money.<\/p>

Being mayor does not replace the elements of the offense<\/strong><\/p>

The political component inevitably increases public attention to the case.<\/p>

DePe\u00f1a is the mayor of Lawrence, and part of the money allegedly ended up in his campaign.<\/p>

But Peduto cautions that his status as a public official must not replace the specific elements that the prosecution is required to prove.<\/p>

The conduct under investigation began before DePe\u00f1a assumed the mayoralty. The loan was requested by Tenares Tire, not by the City of Lawrence.<\/p>

According to the charges currently known, it is also not alleged that DePe\u00f1a used his municipal authority to obtain the loan.<\/p>

DePe\u00f1a is not currently charged with bribery, extortion, or honest-services fraud.<\/p>

\u201cAny eventual trial would have to focus on the offenses actually charged and the admissible evidence offered to prove them. The defendant\u2019s political status may explain the enormous public interest, but it does not reduce the Government\u2019s burden of proof,\u201d Peduto states.<\/p>

A case still taking shape<\/strong><\/p>

DePe\u00f1a was arrested on August 14, 2026, and appeared that same day before U.S. Magistrate Judge Donald L. Cabell.<\/p>

The Government did not seek his pretrial detention. The parties agreed to conditions of release, and DePe\u00f1a was released subject to those conditions.<\/p>

He also waived the preliminary probable cause hearing. That decision does not constitute an admission of guilt or an acceptance of the allegations.<\/p>

DePe\u00f1a is currently represented by attorney Carlos A. Apostle, who appeared as retained counsel. Neil Faigel participated in a limited capacity at the initial hearing.<\/p>

Based on the publicly available information analyzed for this article, the proceeding currently rests on a criminal complaint, not an indictment returned by a Grand Jury.<\/p>

That means the two charges currently known do not necessarily represent the final structure of the case.<\/p>

An eventual indictment could contain additional charges or charge certain transactions in separate counts, depending on the evidence and the prosecution\u2019s decisions.<\/p>

Marino\u2019s affidavit remains fundamental<\/strong><\/p>

The criminal complaint itself indicates that its factual basis is contained in an attached affidavit from IRS-CI Special Agent Zachariah Marino.<\/p>

Peduto considers a complete review of that document a priority before more specific conclusions are formulated about the strength of the charges.<\/p>

It would also be necessary to examine the EIDL applications, modifications, certifications, communications with the SBA, complete conversations with financial advisers, bank statements, documents related to the properties and private loans, Tenares Tire\u2019s accounting records, campaign reports, and all other discovery produced by the Government.<\/p>

Until then, Peduto considers it premature to recommend publicly whether the case should be taken to trial, negotiated before an indictment, or eventually resolved through a negotiated guilty plea.<\/p>

Nor would she build a defense around the argument that DePe\u00f1a intended to repay the money. A future intention to repay a loan does not necessarily eliminate a fraudulent representation made to obtain it.<\/p>

The question the evidence will ultimately have to answer<\/strong><\/p>

The case presents a serious federal threat to Brian DePe\u00f1a. The amounts involved and the chronology of certain transfers present issues that any defense would have to confront directly.<\/p>

But the figure of US$1.65 million does not by itself determine guilt.<\/p>

With respect to the wire fraud charge, the prosecution will have to prove beyond a reasonable doubt the fraudulent representations it attributes to DePe\u00f1a, their materiality, and the intent with which they were made.<\/p>

For its part, a defense would have to determine whether the evidence shows that, when requesting the increases that form part of the Government\u2019s criminal theory, DePe\u00f1a acted deliberately to deceive the SBA, or whether certain irregularities correspond to later decisions about the use of funds that must be analyzed separately.<\/p>

The answer cannot be obtained solely by following the bank transfers.<\/p>

Nor can it be obtained by speculating about what DePe\u00f1a may have thought.<\/p>

It will be found in the documents, certifications, communications, accounting records, and, ultimately, in the evidence that the Government can present and prove beyond a reasonable doubt.<\/p>

As in every federal criminal proceeding, Brian DePe\u00f1a is presumed innocent, and that presumption remains in force unless and until the Government proves his guilt beyond a reasonable doubt in a court of law.<\/p>","protected":false},"excerpt":{"rendered":"

Peduto does not represent Brian DePe\u00f1a, is not part of his defense team, and has not had access to the Government\u2019s discovery. Nor has she reviewed the complete affidavit of federal agent Zachariah Marino, a document to which the complaint refers as the basis for probable cause. Her analysis, therefore, does not constitute an opinion regarding DePe\u00f1a\u2019s guilt or innocence, but rather an assessment of the legal issues that will likely be the subject of investigation and litigation.<\/p>\n","protected":false},"author":9,"featured_media":9154,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_efa_diaspora":false,"_faro_latino_breaking_news":"","_faro_sc_coverage_id":0,"_faro_inv_investigation_id":0,"_faro_hero_video_url":"","_faro_hero_video_orientation":"","_faro_featured_image_credit":"","_faro_hero_video_credit":"","_faro_latino_photos_module":"","footnotes":""},"categories":[13],"tags":[81],"class_list":["post-9170","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-nationals","tag-hero"],"yoast_head":"\nBrian DePe\u00f1a before federal justice: intent, certifications, and the use of funds will be at the center of the case - El Faro Latino<\/title>\n<meta name=\"description\" content=\"Peduto does not represent Brian DePe\u00f1a, is not part of his defense team, and has not had access to the Government\u2019s discovery. 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Her analysis, therefore, does not constitute an opinion regarding DePe\u00f1a\u2019s guilt or innocence, but rather an assessment of the legal issues that will likely be the subject of investigation and litigation. - Lee la noticia completa en El Faro Latino.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/elfarolatino.com\/en\/brian-depena-before-federal-justice-intent-certifications-and-the-use-of-funds-will-be-at-the-center-of-the-case\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Brian DePe\u00f1a before federal justice: intent, certifications, and the use of funds will be at the center of the case\" \/>\n<meta property=\"og:description\" content=\"Peduto does not represent Brian DePe\u00f1a, is not part of his defense team, and has not had access to the Government\u2019s discovery. 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