SEE ALSO: REEL WAMPS 

U.S. attorney opposes Cromwell's motion to dismiss charges

Jessica Hill Cape Cod Times 

Published Jan 28, 2021 

U.S. District Attorney Andrew Lelling's office is challenging motions filed by former Mashpee Tribal Council leader Cedric Cromwell and architectural firm owner David DeQuattro to dismiss charges filed against them. 

Cromwell and DeQuattro were indicted in November on two counts of accepting or paying bribes as an agent of an Indian tribal government and one count of conspiring to commit bribery. Cromwell also was indicted on four charges of extortion under color of official right and one count of conspiring to commit extortion. 

Assistant U.S. Attorney Christine Wichers filed a motion Jan. 25 asking that the court deny the defendants’ motions to dismiss the first five counts of the indictment. 

On Jan. 19, DeQuattro, whose architectural firm was hired to work on a number of tribal projects including the First Light Resort and Casino in Taunton, moved to dismiss all three counts against him including conspiracy to commit federal programs bribery and two counts of federal programs bribery. Cromwell also moved to dismiss counts against him on Jan.19. 

The defendants argued that the indictment fails to allege a quid pro quo, and that it fails to meet the “heightened quid pro quo standard” articulated in an earlier case. The defendants also argue that the indictment does not allege that DeQuattro paid Cromwell with intent to influence an “official act,” or that Cromwell solicited and accepted payments with intent to be influenced in the performance of an “official act.”

Wichers argued in her motion that payments and in-kind benefits were provided to Cromwell by DeQuattro in exchange for Cromwell using his influence as chairman of the Tribal Council and president of the tribe’s gaming authority to ensure that DeQuattro's contract was not terminated.

“When given in exchange for payment, an official’s promise to make something not happen is just as criminal as a promise to make something happen,” Wichers wrote in the motion. 

Wichers also argued that Cromwell's agreement to use his position within the tribe to help DeQuattro keep his contract constitutes an "official act."

On Jan. 26, DeQuattro’s attorney, Martin Weinberg, filed a motion to respond to Wichers' opposition to dismiss, which will be filed by DeQuattro and Cromwell’s next court date than Feb. 4.