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Two Firefighters Claim Disability, Continue to Compete in Bodybuilding Competition

BOSTON – Two former Boston firefighters were charged by federal prosecutors today with faking career-ending injuries to receive tax-free accidental disability pensions, while a fire department personnel clerk was charged with perjury and obstruction of justice in the federal fraud investigation.

Former district chief James Famolare, 65, and firefighter Albert Arroyo, 47, are facing multiple counts of mail fraud for seeking accidental disability retirements from the city of Boston for allegedly bogus on-the-job injuries, prosectors said.

Arroyo claimed last spring that he fell at a Jamaica Plain firehouse and could no longer work as a fire inspector, but he continued to train as a bodybuilder and participated in a competition just six weeks later.

Famolare claimed he suffered a severe back injury when he moved a box of files at headquarters while filling in as chief of personnel for a day. But prosecutors say Famolare had to shop for a doctor to bolster his claim and witnesses to the supposed injury later recanted.

The clerk, Erika Boylan, 31, allegedly lied while testifying under oath before a federal grand jury about delaying the processing of accidental disability retirement applications.

If convicted, Famolare and Arroyo face up to 20 years in prison and fines of up to $250,000 on each count of fraud. Famolare has been charged with six counts and Arroyo faces two counts, according to the US Attorney’s office. Boylan, if convicted, faces up to 15 years in prison.

Boston Fire Commissioner Roderick Fraser hailed the arrests as a step forward in his efforts to overhaul the Boston Fire Department.

“I’m glad the federal government has joined this fight,” Fraser said. “We’ve been a full partner with the federal government, cooperating in the investigation. We will continue to work side by side to give taxpayers the department they deserve.”

Federal prosecutors did not say whether more arrests are forthcoming in the probe.

The fraud investigation began 18 months ago and followed a series of Globe reports about disability pension fraud. The newspaper reported in January 2008 that Boston firefighters had claimed an unusual rash of career-ending injuries in recent years, sending the rate of disability retirements skyrocketing to 74 percent of all retirements — more than twice the rate of similarly sized cities.

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