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Beverly man charged in link to Toomajian

Posted by Marcia Dick  March 18, 2011 10:10 AM

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A Beverly man pleaded not guilty in Middlesex Superior Court Thursday to larceny charges stemming from a scheme that allegedly involved two codefendants, including Charles Toomajian, special assistant to the mayor of Malden.

Paul Breen, 38, was indicted by a secret statewide grand jury Wednesday, and arrested at his 40 Bates Park Ave. Beverly home that evening, a statement from the Essex County District Attorney's office said.

Breen has been charged with receiving stolen property, being an accessory after the fact to a felony (larceny), and conspiracy to commit larceny.

According to the statement, Essex County First Assistant District Attorney John T. Dawley told the court Thursday that Breen was involved in a real estate scam with Charles Davis, 44, of Salem, N.H., and Charles Toomajian, 53, a lawyer and special assistant to Malden Mayor Richard C. Howard.

Breen and Davis, who are friends, according to the statement, both had significant gambling debts, Dawley told the court. Dawley said that from August 2009 through June 2010, Davis, an account manager for Randstad Professionals in Wakefield, created a fictitious account for Breen, and issued checks to Breen totaling $462,457.

"Breen worked for Boston Commonwealth Real Estate, for which Davis set up another fictitious account," the statement said. "Davis would send Randstad checks made out to Boston Commonwealth Real Estate and forward them to Breen. Breen would then deposit the checks into Boston Commonwealth Real Estate accounts, wait until the checks cleared, and then cash them."

The charges also state that from  February 2007 through October 2008, Davis diverted Randstad checks to Toomajian, who deposited them into an account for his private practice law firm.

After the checks cleared, Toomajian would  write checks payable to Boston Commonwealth Real Estate and direct them to Breen, the statement said. Breen, in turn, deposited and cashed the checks, according to the statement from the DA's office. Money lost by Randstad in the alleged scam amounted to $102,730, the statement said.

Clerk Magistrate Michael Sullivan set bail at $5,000 cash for Breen, and ordered him to return to court on April 11 along with Davis and Toomajian  for a pre-trial conference, the statement said.

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