Chelsea Court Clerk Indicted on Extortion and Civil Rights Violations

BOSTON, MA—A Chelsea man was indicted today in U.S. District Court on two counts of extortion under color of official right, two counts of attempted extortion under color of official right, one felony count of deprivation of rights under color of law, and one misdemeanor count of deprivation of rights under color of law.

Acting United States Attorney Michael K. Loucks, Warren T. Bamford, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Division, Colonel Mark Delaney, Superintendent of the Massachusetts State Police and Daniel Conley, Suffolk County District Attorney, announced today that JAMES BURKE, age 42, of Chelsea, was charged in a federal Indictment with using his official position to extort sexual services from two victims who were defendants in pending Chelsea District Court cases. He is also charged with deprivation of their civil rights under color of law.

The Government alleges that at various times, BURKE, who was previously charged by Criminal Complaint, used his official position to extort or attempt to extort sexual services from two victims who were defendants in pending Chelsea District Court prostitution cases. More specifically, it is alleged that BURKE, after indicating that he could assist one victim with her case, solicited oral sex from her after removing her from the lock-up area in Chelsea District Court and taking her to a room in the courthouse. BURKE allegedly attempted to have a further sexual encounter with this victim in December 2008. With regard to the second victim, it is alleged that BURKE solicited her several times, using his position to attempt to obtain sexual services. Finally, in February 2009, BURKE allegedly threatened to lock up the second victim before sexually assaulting her in a locked room in the courthouse.

If convicted on these charges, BURKE faces up to 20 years imprisonment on each extortion charge, up to 10 years imprisonment on the felony civil rights charge and up to one year imprisonment on the misdemeanor civil rights charge as well as up to $100,000 fine.

The case was investigated by the Federal Bureau of Investigation and the Massachusetts State Police. It is being prosecuted by Assistant U.S. Attorney Eugenia M. Carris of the Public Corruption and Special Prosecutions Unit with assistance from the Suffolk County District Attorney Daniel Conley’s Office.

The details contained in the Indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.