Carmen Ortiz#Motel Caswell confiscation case

Born in New York City to Puerto Rican parents, Ortiz grew up in East Harlem. Ortiz has said that, as a child, watching Perry Mason on television inspired her to become a lawyer.{{cite web|last=Terrero|first=Nina|title=Celebrating Women: Massachusetts U.S. Attorney Carmen Ortiz|url=http://nbclatino.com/2012/03/01/18574355073/|work=NBC Latino|access-date=January 17, 2013|date=March 1, 2012|archive-date=February 20, 2016|archive-url=https://web.archive.org/web/20160220033647/http://nbclatino.com/2012/03/01/18574355073/|url-status=dead}} After graduating from The Saint Agnes School in 1974,{{cite web|last=Lambert|first=Lane|title=Q&A: New US Attorney Carmen Ortiz on her life and career|url=http://www.patriotledger.com/news/x655689172/Q-A-New-US-Attorney-Carmen-Ortiz-on-her-life-and-career|work=The Patriot Ledger|access-date=January 17, 2013|date=February 5, 2010}} Ortiz earned her B.B.A from Adelphi University in 1978, working in her family's gift shop during her years there.{{cite web|last=Bagley|first=Steve|title=Meet Carmen Ortiz|url=http://www.mainjustice.com/2009/10/02/meet-carmen-ortiz/|work=Main Justice|access-date=January 17, 2013|date=October 2, 2009|archive-url=https://web.archive.org/web/20130116111527/http://www.mainjustice.com/2009/10/02/meet-carmen-ortiz/|archive-date=January 16, 2013|url-status=dead}} Ortiz later earned her J.D. at George Washington University's National Law Center in 1981. In the summer of 1980, Ortiz interned in the Public Integrity Section of the United States Department of Justice with Eric Holder, who later became U.S. Attorney General.{{cite news|last=Helman|first=Scott|title=Bostonian of the Year: Carmen Ortiz|url=http://www.boston.com/news/local/massachusetts/articles/2011/12/30/bostonian_of_the_year_carmen_ortiz_2011/|work=Boston Globe|access-date=January 17, 2013|date=December 30, 2011}} She also worked on judicial reform in Guatemala with Harvard professor, former Watergate prosecutor, and former deputy attorney general Philip Heymann.{{cite news|last=Day|first=Michael|title=Aaron Swartz's Unbending Prosecutors Insisted on Prison Time

|url=http://www.thedailybeast.com/articles/2013/01/15/aaron-swartz-s-unbending-prosecutors-insisted-on-prison-time.html/|work=Daily Beast|date= January 15, 2013|access-date=January 17, 2013}}

From 1981 to 1983, Ortiz was an attorney with the United States Department of Justice Criminal Division. Ortiz served as Assistant District Attorney in Middlesex County, Massachusetts, in two stints: 1983 to 1988 and 1991 to 1994. In 1988, Ortiz went into the private sector with the Braintree law firm Marinelli & Morisi, where she would work until 1989. Ortiz also coordinated the Center for Criminal Justice at Harvard Law School from 1988 to 1991. In 1990, after being appointed by NFL Commissioner Paul Tagliabue, she served on a commission that investigated allegations of sexual harassment against members of the New England Patriots. In 1997, Ortiz became an Assistant U.S. Attorney.{{cite web |url=https://www.justice.gov/usao/ma/meetattorney.html |title=Meet the U.S. Attorney |publisher=US Attorney's Office - District of Massachusetts |access-date=January 14, 2013}}

In September 2017, Ortiz joined the Boston-based law firm of Anderson & Kreiger.{{cite news |last=Chesto |first=Jon |url=https://www.bostonglobe.com/2017/09/28/talkingpoints/6wkxxTveNSKoLy9Kjyzt4K/story.html |title=Law firm stands behind Carmen Ortiz hiring |work=The Boston Globe |date=September 28, 2017}} In December 2019, it was announced she will be made a partner at the firm.{{cite news |last=Chesto |first=Jon |url=https://www.bostonglobe.com/business/2019/12/09/entrepreneur-plants-aggressive-growth-plans-for-lettuce-business/RFUuMfsDABHXMDgOVvzSJN/story.html?outputType=amp |title=Ex-US attorney joins law firm |work=The Boston Globe |date=December 9, 2019}}

In May 2009, Senators Ted Kennedy and John Kerry recommended Ortiz to President Obama for the vacant United States Attorney position in the District of Massachusetts. On September 18, Obama nominated Ortiz for the position. On November 5, the United States Senate confirmed her appointment by unanimous consent.{{cite news|last=Saltzman|first=Jonathan|title=Carmen Ortiz confirmed as US attorney for Massachusetts|url=http://www.boston.com/news/local/breaking_news/2009/11/carmen_ortiz_co.html|access-date=January 20, 2013|newspaper=The Boston Globe|date=November 6, 2009}}

Ortiz was both the first woman and the first Hispanic to serve as United States Attorney for the District of Massachusetts.{{citation|url=http://www.thedailybeast.com/articles/2013/01/15/aaron-swartz-s-unbending-prosecutors-insisted-on-prison-time.html|title=Aaron Swartz's Unbending Prosecutors Insisted on Prison Time|newspaper=The Daily Beast|date=Jan 15, 2013|access-date=January 17, 2013|last1=Daly|first1=Michael}}

Ortiz was rebuffed in several harshly worded rulings by judges on cases brought by her office. These cases were accused of "stretching the evidence" and "gross exaggeration" by federal judge Judith Dein, an "overkill" and "unusual prosecution" by federal judge Douglas Woodlock and being "over the top" by federal judge Nancy Gertner.{{cite web|url=https://www.wbur.org/news/2013/02/20/attorney-ortiz-judge-criticism|title=U.S. Attorney's Office Takes Heat From Judges|date=2013-01-20|website=WBUR and Massachusetts Lawyers Weekly}}

In 2011, Ortiz's office was responsible for the prosecution of GlaxoSmithKline general counsel Lauren Stevens. Ultimately, the court dismissed the case, ruling that "it would be a miscarriage of justice to permit this case to go to the jury."{{cite web |url=http://www.mainjustice.com/2011/06/20/maryland-u-s-attorney-wouldnt-sign-indictment-of-gsk-counsel/ |title=Maryland U.S. Attorney Wouldn't Sign Indictment of GSK Counsel |publisher=Main Justice |date=June 20, 2011 |access-date=2013-04-20 |archive-url=https://web.archive.org/web/20130602141036/http://www.mainjustice.com/2011/06/20/maryland-u-s-attorney-wouldnt-sign-indictment-of-gsk-counsel/ |archive-date=June 2, 2013 |url-status=dead }}{{Cite web| title=United States of America, vs Lauren Stevens | url=http://lawprofessors.typepad.com/files/110510stevens.pdf | archive-url=https://web.archive.org/web/20120316144251/http://lawprofessors.typepad.com/files/110510stevens.pdf | archive-date=2012-03-16}}

On March 23, 2012, Ortiz's office secured grand jury indictments against former state Probation Commissioner John J. O’Brien and two of his former deputies, Elizabeth Tavares and William Burke III, for their involvement in running a sham hiring system in which friends and family members of legislators and politically connected job seekers were hired over more qualified applicants. Each faces one count of racketeering conspiracy and 10 counts of mail fraud for sending rejection letters to applicants they knew they were never going to consider. If convicted, they face up to 20 years in prison on each of the 11 counts. Ortiz said the indictments are “one step in an ongoing investigation.”{{cite news|title=John O'Brien of Quincy among three indicted in Probation Department scandal|url=http://www.patriotledger.com/homepage/breaking/x1581728901/Three-Probation-Department-officials-to-be-indicted|access-date=January 21, 2013|newspaper=The Patriot Ledger|date=March 25, 2012}}{{cite news|title=3 indicted in ongoing Probation Department probe|url=https://www.bostonglobe.com/metro/2012/03/23/three-former-state-probation-officials-now-face-federal-criminal-charges/ewHeT5Haw2dm84nlWwC2HO/story.html|access-date=January 21, 2013|newspaper=The Boston Globe|date=March 23, 2012|author=Andrea Estes|author2=Scott Allen|author3=Milton J. Valencia}}

In 2015, Ortiz was expected to pursue $1.1 million 'Insider Trading' scam involving two Indian Americans Iftikar Ahmed & Amit Kanodia which involved sharing of insider information leading to illegal gains in the NYSE.{{Cite web|url=http://www.americanbazaaronline.com/2015/04/07/2-indian-americans-amit-kanodia-iftikar-ahmed-charged-in-1-1-million-insider-trading-scheme|title = 2 Indian Americans Amit Kanodia, Iftikar Ahmed charged in $1.1 million insider trading scheme|date = April 7, 2015}}

Carmen Ortiz's office led the prosecution of mobster Whitey Bulger. On July 6, 2011, Bulger was arraigned in federal court. He pleaded not guilty to 48 charges, including 19 counts of murder, extortion, money laundering, obstruction of justice, perjury, narcotics distribution and weapons violations.{{cite news|title=James "Whitey" Bulger Pleads Not Guilty to 48 Charges in Boston Court|url=https://www.bloomberg.com/news/2011-07-06/james-whitey-bulger-pleads-not-guilty-to-48-charges-in-boston-court.html|access-date=September 30, 2011|newspaper=Bloomberg|author=Janelle Lawrence|author2=Chris Dolmetsch|quote=James "Whitey" Bulger, the Boston mobster arrested in California last month after 16 years on the run, pleaded not guilty to 48 charges including racketeering, extortion, money laundering, obstruction of justice, perjury and weapons violations.|date=July 6, 2011}}

Ortiz's office also led the prosecution of Bulger's girlfriend Catherine Greig. In March 2012, Greig plead guilty to conspiracy to harbor a fugitive, identity fraud, and conspiracy to commit identity fraud. On June 12, 2012, she was sentenced to eight years' confinement in a federal penitentiary.{{cite news|url=http://www.cnn.com/2012/06/12/justice/massachusetts-bulger-girlfriend-sentencing/index.html?hpt=ju_c2 |work=CNN |title=Girlfriend gets 8 years for hiding 'Whitey' Bulger |date=June 12, 2012 |url-status=dead |archive-url=https://web.archive.org/web/20151117062502/http://www.cnn.com/2012/06/12/justice/massachusetts-bulger-girlfriend-sentencing/index.html?hpt=ju_c2 |archive-date=November 17, 2015 }}

Carmen Ortiz led the prosecution of American pharmacist Tarek Mehanna, who was accused of, among other crimes, translating and posting online materials described by prosecutors as Al Qaeda propaganda.{{cite news|last=Crimaldi|first=Laura|title=US man sentenced in plot to help al-Qaida|url=http://www.dailystar.com.lb/News/International/2012/Apr-12/170089-us-man-sentenced-in-plot-to-help-al-qaida.ashx#axzz1sHfpJRr4|access-date=January 12, 2015|newspaper=The Daily Star (Lebanon)|date=April 12, 2012|archive-date=January 13, 2015|archive-url=https://web.archive.org/web/20150113042612/http://www.dailystar.com.lb/News/International/2012/Apr-12/170089-us-man-sentenced-in-plot-to-help-al-qaida.ashx#axzz1sHfpJRr4|url-status=dead}} Mehanna's lawyers argued that he never tried to join an armed group and never tried to hurt anyone, and that his internet activities were protected under the U.S. First Amendment.{{cite news|last=Ariosto|first=David|title=Man gets 17½-year prison term in Massachusetts terror case|url=http://www.cnn.com/2012/04/12/justice/massachusetts-terror-conviction/|access-date=April 17, 2012|newspaper=CNN|date=April 12, 2012}} In April 2012, Mehanna was sentenced in federal court in Boston on four terrorism-related charges and three others related to lying to agents of the FBI and other U.S. federal officials.

Ortiz came under fire after her office was involved in the January 19, 2013 arrest of a man who reportedly "looks very much like" a wanted drug suspect.{{Cite web|url=https://www.bostonherald.com/2013/01/29/fumbling-feds-say-wrong-man-may-have-been-nabbed/|title=Fumbling feds say wrong man may have been nabbed|first=John|last=Zaremba|date=January 29, 2013}} The man was released by a federal magistrate the following day after prosecutors admitted "significant doubt" that the arrested man was indeed the suspect.{{Cite web|url=https://www.techdirt.com/2013/01/29/bad-week-carmen-ortiz-admits-to-botched-gang-arrest-as-congress-kicks-off-swartz-investigation/|title=Bad Week For Carmen Ortiz: Admits To Botched Gang Arrest As Congress Kicks Off Swartz Investigation|first=Jan 29th 2013 11:30am-Mike Masnick|last=Tue|date=January 29, 2013|website=Techdirt}}

Ortiz was "admonished by a federal appeals court in 2004 for advocating a harsher jail term for a fraud defendant than she had promised him in a plea-bargain agreement."{{cite news|url=http://www.huffingtonpost.com/2013/03/25/aaron-swartz-carmen-ortiz_n_2951478.html |title=Aaron Swartz Prosecutor Carmen Ortiz Admonished In 2004 For Aggressive Tactic |publisher=Huffingtonpost.com |date=March 25, 2013 |access-date=2013-04-20 |first=Zach |last=Carter}} In a plea deal, Ortiz had agreed to leniency, but she "substantively argued" for a harsher sentence. The Appeals Court ruled that Ortiz "violated the plea agreement it entered into with Gonczy," and it vacated the sentence.{{cite web |url=http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2399.01A |title=USCA1 Opinion |publisher=Ca1.uscourts.gov |date=February 2, 2004 |access-date=2013-04-20 |archive-url=https://web.archive.org/web/20130331145413/http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2399.01A |archive-date=March 31, 2013 |url-status=dead }}

{{main|United States v. Aaron Swartz}}

Ortiz's office prosecuted computer programmer and Internet activist Aaron Swartz. In 2011, Swartz was arrested for unauthorized, bulk downloading of free articles from internet archive JSTOR, in violation of the JSTOR's terms of use.{{cite web |last=Kirschbaum |first=Connor |date=August 3, 2011 |title=Swartz indicted for JSTOR theft |url=http://tech.mit.edu/V131/N30/swartz.html |access-date=January 17, 2013 |work=The Tech |publisher=Massachusetts Institute of Technology}}{{cite web |date=February 18, 2011 |title=Police Log |url=http://tech.mit.edu/V131/N6/polog.html |access-date=January 17, 2013 |work=The Tech |publisher=Massachusetts Institute of Technology |archive-date=January 15, 2013 |archive-url=https://web.archive.org/web/20130115170723/http://tech.mit.edu/V131/N6/polog.html |url-status=dead }}{{cite news |last=Bilton |first=Nick |date=July 19, 2011 |title=Internet Activist Charged in Data Theft |publisher=Bits Blog, The New York Times Company |location=Boston |url=http://bits.blogs.nytimes.com/2011/07/19/reddit-co-founder-charged-with-data-theft/ |access-date=January 17, 2011}} In a 2011 press release announcing Swartz's indictment on federal charges, Ortiz said "Stealing is stealing whether you use a computer command or a crowbar, and whether you take documents, data or dollars. It is equally harmful to the victim whether you sell what you have stolen or give it away."{{cite web |author=US Attorney's Office District of Massachusetts |date=July 19, 2011 |title=Alleged Hacker Charged With Stealing Over Four Million Documents from MIT Network |url=https://www.justice.gov/usao/ma/news/2011/July/SwartzAaronPR.html |url-status=dead |archive-url=https://web.archive.org/web/20120526080523/http://www.justice.gov/usao/ma/news/2011/July/SwartzAaronPR.html |archive-date=May 26, 2012 |access-date=January 17, 2013 |publisher=Press release}} After state prosecutors dropped their charges, federal prosecutors filed a superseding indictment adding nine more felony counts, which increased Swartz's maximum criminal exposure to 50 years of imprisonment and $1 million in fines.

The prosecution brought by Ortiz involved what was characterized by numerous critics, such as former White House Counsel John Dean, as "overcharging" and "overzealous" prosecution for the alleged computer crimes.{{cite web |last=Boeri |first=David |date=February 20, 2013 |title=Ortiz Under Fire: Critics Say Swartz Tragedy Is Evidence Of Troublesome Pattern |url=http://www.wbur.org/2013/02/20/carmen-ortiz-investigation |access-date=2014-05-16 |publisher=WBUR}}[http://verdict.justia.com/2013/01/25/dealing-with-aaron-swartz-in-the-nixonian-tradition "Dealing With Aaron Swartz in the Nixonian Tradition: Overzealous Overcharging Leads to a Tragic Result"], Justia, John Dean, January 25, 2013. Retrieved May 26, 2014.

In all, prosecutors charged Swartz with 13 felony counts, despite the fact that both MIT and JSTOR had chosen not to pursue civil litigation; he faced 30 years of imprisonment.{{cite news |last=Carter |first=Zach |author2=Ryan Grim |author3=Ryan J. Reilly |date=January 14, 2013 |title=Carmen Ortiz, U.S. Attorney, Under Fire Over Suicide Of Internet Pioneer Aaron Swartz |work=The Huffington Post |url=http://www.huffingtonpost.com/2013/01/14/aaron-swartz-carmen-ortiz_n_2472146.html |access-date=January 15, 2013}} Swartz died by suicide on January 11, 2013,{{cite news |last=Kennedy |first=Dan |date=January 13, 2012 |title=Aaron Swartz, Carmen Ortiz and the American System of Justice |work=The Huffington Post |url=http://www.huffingtonpost.com/dan-kennedy/aaron-swartz-carmen-ortiz_b_2469050.html |access-date=January 14, 2013}}{{cite news |last=Carter |first=Zach |author2=Grim, Ryan |author3=Reilly, Ryan J. |date=January 14, 2013 |title=Carmen Ortiz, U.S. Attorney, Under Fire Over Suicide Of Internet Pioneer Aaron Swartz |work=The Huffington Post |url=http://www.huffingtonpost.com/2013/01/14/aaron-swartz-carmen-ortiz_n_2472146.html |access-date=January 15, 2013}} before the case came to trial. More than 60,000 people petitioned the White House to remove Ortiz from office for "overreach."{{Cite web|url=https://www.wired.com/threatlevel/2013/01/aaron-swartz-prosecutor/|title=White House Must Respond to Petition to Remove U.S. Attorney in Aaron Swartz Case}}{{Cite web|url=https://abcnews.go.com/Technology/aaron-swartz-death-fuels-mit-probe-white-house/story?id=18210596|title=Aaron Swartz' Death Fuels MIT Probe, White House Petition to Oust Prosecutor|website=ABC News}}{{cite news |last=Tsukayama |first=Hayley |date=January 15, 2013 |title=Technology |newspaper=The Washington Post |url=https://www.washingtonpost.com/business/technology/anonymous-hacks-mit-sites-to-post-aaron-swartz-tribute-call-to-arms/2013/01/14/ff6f706c-5e44-11e2-9940-6fc488f3fecd_story.html}}{{Cite web|url=https://www.businessinsider.com/petition-carmen-ortiz-aaron-swartz-prosecutor-2013-1|title=16,000 People Are Asking President Obama To Fire Aaron Swartz's Prosecutor|first=Julie|last=Bort|website=Business Insider}} On January 15, 2013, following his suicide, all charges against Swartz were dropped. The next day, Ortiz issued a statement saying that her office had never intended to seek maximum penalties against Aaron Swartz, despite their public statements indicating they would do so, directly leading to his suicide.{{cite news |last=Palazzolo |first=Joe |date=January 17, 2013 |title=US Attorney Statement on the Prosecution of Aaron Swartz |newspaper=The Wall Street Journal |url=https://blogs.wsj.com/law/2013/01/17/us-attorney-statement-on-the-prosecution-of-aaron-swartz/ |access-date=January 27, 2013}}

However, the same day, Ortiz's husband, IBM executive Tom Dolan, scolded the Swartz family for issuing a statement criticizing the prosecutors and MIT. He rationalized: "Truly incredible that in their own son's obit, they blame others for his death and make no mention of the 6-month offer."[http://bostonglobe.com/metro/2013/01/16/attorney-husband-causes-backlash-twitter-with-posts-hacker-suicide/3Vm20xBaXXtYk6KgolSUxO/story.html Murphey, Shelly, US attorney's husband stirs Twitter storm on Swartz case], The Boston Globe, January 16, 2013.. Retrieved January 17, 2013. Esquire writer Charlie Pierce replied, "the glibness with which her husband and her defenders toss off a 'mere' six months in federal prison, low-security or not, is a further indication that something is seriously out of whack with the way our prosecutors think these days."Pierce, Charles P. (January 17, 2013). [http://www.esquire.com/blogs/politics/aaron-swartz-case-011713 "Still More About The Death Of Aaron Swartz"], Esquire. Retrieved January 18, 2013.

Massachusetts Lawyers Weekly published an op-ed piece by Massachusetts criminal defense attorney Harvey Silverglate about the case. He said attorneys familiar with the case had told him the Middlesex County District Attorney's office had planned for Swartz's case to be "continued without a finding, with Swartz duly admonished and then returned to civil society to continue his pioneering electronic work in a less legally questionable manner."{{cite news |last=Silverglate |first=Harvey |date=January 23, 2013 |title=The Swartz suicide and the sick culture of the DOJ |newspaper=Massachusetts Lawyers Weekly |url=http://masslawyersweekly.com/2013/01/23/the-swartz-suicide-and-the-sick-culture-of-the-doj/ |url-status=dead |access-date=February 5, 2013 |archive-url=https://web.archive.org/web/20130129065612/http://masslawyersweekly.com/2013/01/23/the-swartz-suicide-and-the-sick-culture-of-the-doj/ |archive-date=January 29, 2013 |quote=Lawyers familiar with the case have told [Attorney Silverglate] that it was anticipated that the state charge would be continued without a finding ….}}{{cite news |date=January 25, 2013 |title=Swartz didn't face prison until feds took over case, report says |newspaper=CNET News |url=http://news.cnet.com/8301-13578_3-57565927-38/swartz-didnt-face-prison-until-feds-took-over-case-report-says/}} "Under such a disposition," Silverglate later told CNET's Declan McCullagh, "the charge is held in abeyance ("continued") without any verdict ("without a finding"). The defendant is on probation for a period of a few months up to maybe a couple of years at the most; if the defendant does not get into further legal trouble, the charge is dismissed, and the defendant has no criminal record. This is what the lawyers expected to happen when Swartz was arrested. But then the feds took over...." "Tragedy intervened," Silverglate wrote, "when Ortiz's office took over the case to send 'a message'."

Boston's WBUR reported in February 2013 that Ortiz was expected to testify before the House Committee on Oversight and Government Reform's probe into the handling of the Aaron Swartz case.{{update after|2013|05}} The Department of Justice gave a private briefing about the case to the House Committee, and subsequently, in March 2013, Attorney General Eric Holder defended Ortiz's aggressive prosecution before the Senate Judiciary Committee, terming it "a good use of prosecutorial discretion."[https://www.bostonglobe.com/news/politics/2013/03/06/attorney-general-eric-holder-defends-aaron-swartz-prosecution-before-senate-committee/fsOapaK6rymx5OqF1ZPfCK/story.html Holder defends Swartz prosecution], Boston Globe, David Umberti, March 7, 2013. Retrieved May 16, 2014.

In January 2015, two years after Swartz's death, the White House declined to act on the petition to remove Ortiz from office.{{cite news |last=Fung |first=Brian |author2=Peterson, Andrea |date=January 8, 2015 |title=After long delay, Obama declines to rule on petition calling for firing of DOJ officials over Aaron Swartz's suicide |newspaper=The Washington Post |url=https://www.washingtonpost.com/blogs/the-switch/wp/2015/01/08/in-a-long-delayed-petition-response-obama-refuses-to-fire-u-s-attorneys-over-aaron-swartz/ |access-date=March 13, 2015}}

Ortiz's office sought to confiscate the Motel Caswell in Tewksbury, Massachusetts from its owner, Russ Caswell. Prosecutors contended that, despite the fact that Caswell himself had never been charged with any crime, his property was subject to civil forfeiture as a long-term site of criminal activity. Ortiz's spokeswoman said "The government believed that this was an important case, not only for the town of Tewksbury, which has been plagued for decades by the criminal activity at Motel Caswell, but because of the important deterrent message it sends to others who may turn a blind eye to crime occurring at their place of business." The property had been the location of 15 drug crimes between 1994 and 2008, which Caswell said is small considering that he rents about 14,000 rooms per year.{{cite news|last=Boeri|first=David|title=Tewksbury Motel Owner Fights Move By Government To Seize Property|url=http://www.wbur.org/2012/11/14/tewksbury-motel-owner-fights-property-seizure|access-date=January 22, 2013|newspaper=WBUR|date=November 14, 2012}}{{cite web|last=Lavoie|first=Denise|title=Tewksbury Motel Owner Fights To Prevent Government From Seizing Motel|url=http://boston.cbslocal.com/2012/11/04/tewksbury-motel-owner-fights-to-prevent-government-from-seizing-motel/|work=CBS Boston|date=November 4, 2012|publisher=CBS Local Media|access-date=January 22, 2013}}{{cite news|last=Sullum|first=Jacob|title=Federal drug law beats up the innocent|url=http://www.suntimes.com/news/otherviews/16516082-452/federal-drug-law-beats-up-the-innocent.html|access-date=January 22, 2013|newspaper=Chicago Sun-Times|date=November 20, 2012}}{{cite news|last=Lavoie|first=Denise|title=Mass. budget motel fights forfeiture by feds|url=http://www.boston.com/news/local/massachusetts/articles/2011/12/29/mass_budget_motel_fights_forfeiture_by_feds/|access-date=January 22, 2013|newspaper=The Boston Globe|date=December 29, 2011}} Caswell was represented by the Institute for Justice, a non-profit libertarian public interest law firm that frequently intervenes in asset forfeiture cases.{{Cite web|url=https://www.ij.org/massachusetts-civil-forfeiture|title = Massachusetts Forfeiture| date=April 25, 2012 }}

On January 24, 2013, U.S. Magistrate Judge Judith Dein sided with Caswell.{{cite news|last=Finucane|first=Martin|title=Judge declines to seize Tewksbury motel|url=https://www.bostonglobe.com/metro/2013/01/24/owner-wins-court-battle-against-feds-trying-seize-his-motel/KZdorsYWYTNc6CauDnrGyM/story.html|access-date=January 24, 2013|newspaper=The Boston Globe|date=January 24, 2013}}{{cite news|last=Lips|first=Evan|title=Judge backs Caswell Motel in federal forfeiture case|url=http://www.lowellsun.com/breakingnews/ci_22443332/judge-backs-caswell-motel-federal-forfeiture-case|access-date=January 24, 2013|newspaper=The Lowell Sun|date=January 24, 2013}} In a written decision, Dein dismissed the government's forfeiture action, ruling that Caswell, "who was trying to eke out an income from a business located in a drug-infested area that posed great risks to the safety of him and his family, took all reasonable steps to prevent crime. The Government’s resolution of the crime problem should not be to simply take his Property."{{cite web|url=http://bostonherald.com/news_opinion/local_coverage/2013/01/triumphant_motel_owner_slams_carmen_ortiz |title=Triumphant motel owner slams Carmen Ortiz |publisher=Boston Herald |date=January 25, 2013 |access-date=2013-04-20}} In the ruling, the court criticized the prosecution for "stretching the evidence" and engaging in "gross exaggeration."{{Cite web | url=http://docs.justia.com/cases/federal/district-courts/massachusetts/madce/1:2009cv11635/124642/126/0.pdf?1359117603 | title=United States of America, v. 434 Main Street, Tewksbury, Massachusetts | archive-url=https://web.archive.org/web/20131210005955/http://docs.justia.com/cases/federal/district-courts/massachusetts/madce/1:2009cv11635/124642/126/0.pdf?1359117603 | archive-date=December 10, 2013 }}{{cite web|last=Boeri |first=David |url=http://www.wbur.org/2013/02/20/carmen-ortiz-investigation |title=Ortiz Under Fire: Critics Say Swartz Tragedy Is Evidence Of Troublesome Pattern |publisher=WBUR |date=February 20, 2013 |access-date=2013-04-20}}

After considering an appeal,{{cite news|last=Smith|first=Erin|title=Ortiz to motel owner: We're not done yet|url=http://bostonherald.com/news_opinion/local_coverage/2013/01/ortiz_motel_owner_we%E2%80%99re_not_done_yet|access-date=January 27, 2013|newspaper=Boston Herald|date=January 27, 2013}} her office announced that in March 2013 that they would not pursue the matter further.{{cite news|last=Chesto|first=Jon|title=Carmen Ortiz decides not to appeal loss in Motel Caswell case|url=http://www.bizjournals.com/boston/blog/bottom_line/2013/03/carmen-ortiz-wont-appeal-caswell-case.html|access-date=August 7, 2013|newspaper=Boston Business Journal|date=March 16, 2013}}

{{See also|Boston Marathon bombing#Khairullozhon Matanov}}

Ortiz's office led the investigation into the Boston Marathon bombing.{{cite news|title=Boston Marathon case prosecutor known for aggressive record|url=https://www.reuters.com/article/us-usa-explosions-prosecutor-idUSBRE93L00X20130422|access-date=August 10, 2013|newspaper=Reuters|date=April 21, 2013|author=Ross Kerber|author2=Hilary Russ|archive-date=July 2, 2013|archive-url=https://web.archive.org/web/20130702002525/http://www.reuters.com/article/2013/04/22/us-usa-explosions-prosecutor-idUSBRE93L00X20130422|url-status=live}} On June 27, 2013, Ortiz unveiled a grand jury's 30-count indictment against suspect Dzhokhar Tsarnaev.{{cite news|last=Ring|first=Dan|title=Boston Marathon bombing suspect faces 30-count indictment|url=http://www.masslive.com/politics/index.ssf/2013/06/boston_marathon_bombing_suspec.html|access-date=August 10, 2013|newspaper=The Republican|date=June 27, 2013}} On July 10, 2013, Tsarnaev pleaded not guilty to all charges.{{cite news|title=Accused Boston Marathon bomber pleads not guilty to all charges at arraignment |url=https://www.foxnews.com/us/accused-boston-marathon-bomber-pleads-not-guilty-to-all-charges-at-arraignment/|access-date=August 10, 2013|newspaper=Fox News|date=July 11, 2013}}

On August 8, 2013, two of Tsarnaev's friends were indicted on federal obstruction of justice charges.{{cite news|last=Sacchetti|first=Maria|title=Dzhokhar Tsarnaev's college friends indicted|url=https://www.bostonglobe.com/metro/2013/08/08/dzhokhar-tsarnaev-college-friends-indicted-for-allegedly-impeding-boston-marathon-bombing-investigation/NGumWgr1lOjTj0GaHDv5HJ/story.html|access-date=August 10, 2013|newspaper=The Boston Globe|date=August 8, 2013|archive-date=August 11, 2013|archive-url=https://web.archive.org/web/20130811174020/http://www.bostonglobe.com/metro/2013/08/08/dzhokhar-tsarnaev-college-friends-indicted-for-allegedly-impeding-boston-marathon-bombing-investigation/NGumWgr1lOjTj0GaHDv5HJ/story.html|url-status=dead}} Another Ortiz prosecution, this time of Tamerlan's friend Khairullozhon Matanov who pleaded guilty rather than face 20 years in prison, has been described as overzealous.{{cite news|last=Zalkind|first=Sarah|title=The FBI Is Trying to Destroy My Life|url=http://www.thedailybeast.com/articles/2015/03/26/the-fbi-is-trying-to-destroy-my-life.html|access-date=March 26, 2015|newspaper=The Daily Beast|date=March 26, 2015}}

{{see also|Boston Children's Hospital#Justina Pelletier controversy}}

In 2017 Ortiz was prosecuting Gottesfeld under the Computer Fraud and Abuse Act for taking the Boston Children's Hospital website down during an online donation drive to protest the hospital's treatment of Justina Pelletier.{{Cite web|url=https://www.washingtontimes.com/news/2016/oct/20/martin-gottesfeld-anonymous-hacktivist-charged-ove/|title=Martin Gottesfeld, Anonymous hacktivist, charged over hospital DDoS attacks|website=The Washington Times}}{{Cite web|url=https://www.newsweek.com/anonymous-hacker-hunger-strike-prison-aaron-swartz-508698|title=Anonymous Hacker Begins Second Week of Hunger Strike|first=Anthony Cuthbertson is a staff writer at|last=Newsweek|date=October 11, 2016|website=Newsweek}}{{Cite web|url=https://www.huffpost.com/entry/the-successful-hospital-cyber-attack-that-hurt-no-one_b_5825bc49e4b0852d9ec2146b|title=The Successful Hospital Cyber Attack That Hurt No One And Helped Save This Girl|date=November 11, 2016|website=HuffPost}} Pelletier was taken from her family by the hospital under a controversial Massachusetts law.{{Cite web|url=https://www.huffpost.com/entry/why-i-knocked-boston-childrens-hospital-off-the-internet-a-statement-from-martin-gottesfeld_n_57df4995e4b08cb140966cd3|title=Why I Knocked Boston Children's Hospital Off The Internet|date=September 19, 2016|website=HuffPost}}{{Cite web|url=https://www.boston.com/news/local-news/2016/02/25/family-of-justina-pelletier-sues-boston-childrens-hospital/|title=Family of Justina Pelletier sues Boston Children's Hospital|first=Dialynn|last=Dwyer|website=www.boston.com}}{{Cite web|url=https://www.bostonglobe.com/metro/2016/02/25/parents-justina-pelletier-sue-boston-children-hospital-for-negligence/jCrlgTQBVikJtokEnlFBmN/story.html|title=Parents of Justina Pelletier sue Boston Children's Hospital |last=Levenson |first=Michael |work=The Boston Globe |date=2016-02-25}}

Martin Gottesfeld claimed responsibility for an attack by Anonymous that prevented the Boston Children's Hospital (and other treatment facilities) from receiving donations for limited period of time with denial-of-service attacks that briefly prevented access to a public website or server.{{Cite web|url=http://www.huffingtonpost.com/entry/why-i-knocked-boston-childrens-hospital-off-the-internet-a-statement-from-martin-gottesfeld_us_57df4995e4b08cb140966cd3|title=Why I Knocked Boston Children's Hospital Off The Internet|last=Grim|first=Ryan|date=September 18, 2016|website=The Huffington Post|access-date=2017-01-14}} He has been held for trial since February 2016 and had reported that he was on a hunger strike and claimed that he had been put in solitary confinement as punishment for the hunger strike.{{Cite web|url=http://www.huffingtonpost.com/entry/martin-gottesfeld-indictment-hunger-strike_us_580a5671e4b02444efa32523|title=Hacker Activist Continues 18-Day Hunger Strike, Despite New Felony Charges|last1=Intern|first1=Emily Tate Politics|last2=Post|first2=The Huffington|date=October 21, 2016|website=The Huffington Post|access-date=2017-01-14}}{{Cite web|url=http://www.huffingtonpost.com/entry/jailed-activist-hacker-hunger-strike_us_58337736e4b058ce7aac9e0c|title=Jailed Activist Hacker Says He's Being Punished For His Hunger Strike|last1=Reporter|first1=Matt Ferner National|last2=Post|first2=The Huffington Post Ryan Grim Washington bureau chief for The Huffington|date=November 21, 2016|website=The Huffington Post|access-date=2017-01-14}}

In 2014, Ortiz prosecuted 5 Teamsters activists for picketing the Bravo Network show Top Chef for extortion and racketeering in response to their picketing the show for not hiring union drivers.{{Cite web|url=https://www.bostonglobe.com/metro/2015/10/01/teamsters-local-member-due-federal-court-for-detention-hearing/jAQyibLYbVTBIK7gyjbGdO/story.html|title=Fifth Teamsters member arrested in 'Top Chef' case|last=Reporters|first=Shelley Murphy, John R. Ellement|website=Boston.com|access-date=2021-02-15}}

Four of the five charged were acquitted, with the remaining member pleading guilty to lesser charges.{{Cite news|url=https://www.reuters.com/article/us-massachusetts-teamsters/four-boston-teamsters-acquitted-of-top-chef-extortion-plot-idUSKCN1AV1Q4|title=Four Boston Teamsters acquitted of 'Top Chef' extortion plot|last=Reporter|first=Nate Raymond|website=reuters.com|date=August 16, 2017|access-date=2021-02-15}}

In 2011, the Boston Globe named her "Bostonian of the Year" for her prosecution of "corruption and white-collar crime".{{cite news |url= http://www.boston.com/news/local/massachusetts/articles/2011/12/30/bostonian_of_the_year_carmen_ortiz_2011/ |title=Bostonian of the Year: Carmen Ortiz - The Boston Globe |date=December 30, 2011 |work=Boston Globe |access-date=January 14, 2013 |first=Scott |last=Helman}} Boston magazine labeled her the third most powerful person in Boston in 2012 for her successful corruption prosecutions of former Speaker of the Massachusetts House of Representatives Salvatore DiMasi, former state Senator Dianne Wilkerson, and former Boston City Councilor Chuck Turner.{{cite news |url=http://www.bostonmagazine.com/articles/2012/03/50-most-powerful-people-in-boston-2012/ |title=The 50 Most Powerful People in Boston |date=March 2012 |work=Boston magazine |access-date=January 15, 2013 |archive-date=February 11, 2013 |archive-url=https://web.archive.org/web/20130211102510/http://www.bostonmagazine.com/articles/2012/03/50-most-powerful-people-in-boston-2012/ |url-status=dead }}

Ortiz has two daughters and is married to IBM executive Thomas J. Dolan; her first husband, Michael Vittorio Morisi, died in 2000.{{cite news|url=http://www.boston.com/news/local/massachusetts/articles/2011/07/25/for_us_attorney_bulger_trial_is_latest_high_profile_case/?page=2 |title=For US attorney, Bulger trial is latest high-profile case |work=The Boston Globe |date=July 25, 2011 |access-date=January 15, 2013 |first=Milton J. |last=Valencia}}

Ortiz reportedly considered a campaign for Governor of Massachusetts, but she denied interest in such a run.{{cite news |url=http://bostonherald.com/news_opinion/local_politics/2013/01/carmen_ortiz_rules_out_gov_senate_run |title=Carmen Ortiz rules out gov, Senate run |last=Zaremba |first=John |date=January 4, 2013 |work=Boston Herald |access-date=January 14, 2013}} This decision also came on the heels of the unpopular Swartz prosecution, with other critics describing Ortiz's professional record as marked by a "hands-off leadership style" and "overzealousness."{{cite news |url=http://www.wbur.org/2013/02/20/carmen-ortiz-investigation |title=Ortiz Under Fire: Critics Say Swartz Tragedy Is Evidence Of Troublesome Pattern |last1=Boeri |first1=David |last2=Frank |first2=David |date=February 20, 2013 |work=WBUR |access-date=March 26, 2015}}

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Category:1956 births

Category:Living people

Category:Adelphi University alumni

Category:American politicians of Puerto Rican descent

Category:George Washington University Law School alumni

Category:Massachusetts Democrats

Category:Hispanic and Latino American women in politics

Category:People from East Harlem

Category:People from Middlesex County, Massachusetts

Category:United States attorneys for the District of Massachusetts

Category:Puerto Rican people in Massachusetts politics