JUST IN: Democrat Massachusetts Mayor Arrested on Fraud and Money Laundering Charges – Used $1.6 Million in Covid Loans as Personal Slush Fund to Pay Off Mortgages
Massachusetts Mayor Brian Depena
A Democrat Massachusetts mayor was arrested and charged on Friday with fraudulently obtaining over $1.5 million in Covid business loans.
The Mayor of Lawrence, Massachusetts, Brian Depena, used the proceeds from Covid small-business loans to fund his campaign, pay his personal taxes and pay off nearly $900,000 in high-interest, hard-money mortgages on his properties, according to the Department of Justice.
According to the charging documents during the pandemic back in 2020 and 2021, Depena applied for a taxpayer-funded Covid-era Economic Injury Disaster Loans (“EIDL”) for his tire business.
The EIDL loans must be used as working capital to provide relief to businesses that suffered economic losses during Covid.
However, Depena used the Covid loans to fund his struggling campaign, pay off two high-interest mortgages, and pay back taxes.
Depena allegedly caused Tenares Tire to apply for and obtain an EIDL in the amount of $150,000 in June 2020 and then used the majority of those funds as working capital for the business. However, according to the charging documents, Depena needed cash by early 2021. It is alleged that his mayoral campaign was struggling to pay bills, he owed the IRS for back taxes and he owed almost $900,000 to two private, hard money lenders who were charging Depena 12% and 8% interest – significantly more than the EIDL rate of 3.75% – on loans that encumbered various properties Depena owned in Lawrence.
In April 2021, Depena allegedly caused a request for an increase of the Tenares Tire EIDL. On July 14, 2021, the SBA approved an increase of the loan by $350,000, bringing the total Tenares Tire EIDL to $500,000. However, the SBA did not release the funds for another month. While waiting, Depena allegedly sent the following texts (originally in Spanish, here translated to English) to his accountant and financial advisor, who had been assisting Depena with the EIDL application and modification.
Brian Depena texts
According to the charging documents, the $350,000 in EIDL funds were electronically deposited into the Tenares Tire bank account on Aug. 16, 2021. The pre-deposit balance in the account was only $20.23. Shortly thereafter, Depena allegedly paid $85,000 of the EIDL funds to the IRS to pay off personal tax debts. He also allegedly transferred $120,000 of the EIDL funds to a personal account and used that money to write checks totaling $90,000 to “The Committee to Elect Brian Depena.” It is alleged that these checks were deposited in the Depena mayoral campaign account, and characterized as loans to the campaign, in September and October 2021.
While the hard money, high-interest loans were still outstanding, and while his campaign continued to struggle financially, Depena allegedly caused a request for a second EIDL modification in October 2021. On Oct. 27, 2021, the SBA approved a modification that would increase the loan by $1,154,400, bringing the total Tenares Tire EIDL to $1,654,400.
On Nov. 30, 2021, $1,154,188 in EIDL funds were electronically deposited in the Tenares Tire account and Depena allegedly transferred the entire amount to one of his personal accounts – which had a balance of only $1,401 – the same day. It is alleged that Depena allegedly used $42,112.96 of the EIDL funds for his mayoral campaign, writing checks to the campaign for $10,000 and $32,112.96. The first check was deposited in the campaign account on Dec. 2, 2021, when the account allegedly had been overdrawn for approximately 20 days.
Finally, it is alleged that Depena used $883,293 of the EIDL funds to pay off his debts to the hard money lenders. On Dec. 9, 2021, Depena bought a $538,109.03 treasurer’s check and used it to pay off one of the loans. On Dec. 18, 2021, he bought a $345,184.13 treasurer’s check and used it to pay off the other loan.
According to the charging documents, as of Aug. 5, 2026, Depena had made only 16 payments on the Tenares Tire EIDL. The outstanding principal balance was approximately $1,654,420.
“Today, the FBI arrested Mayor Brian Depena for allegedly cashing in on a public health crisis and blatantly defrauding a government program meant to keep businesses afloat during the pandemic. It’s alleged the Mayor fraudulently obtained over $1.5 million in small business loans which he then used as his own slush fund to pay his personal taxes, fund his mayoral campaign, and pay off $883,000 in high-interest mortgages on several properties he owned. This was emergency financial assistance meant to be a safety net for struggling businesses, not Mr. Depena’s own personal ATM,” said Ted E. Docks, Special Agent in Charge of the FBI’s Boston Division.
“When elected officials misuse federal funds for personal gain, they’re breaking the trust of their constituents – and breaking the law. Together, with our partners, the FBI will continue to doggedly pursue anyone who defrauds the federal government. You’ll be prosecuted to the fullest extent of the law, and that ‘easy money’ won’t seem so easy after all,” Docks added.
