First Circuit Affirms 'Multimillion' Sentences In Mass Save Bribery Scheme

LitNews.ai Staff · April 1, 2026 · First Circuit

Panel: Circuit Judge Gelpí, Circuit Judge Thompson, Circuit Judge Montecalvo · Opinion by: Circuit Judge Thompson

The First Circuit on Tuesday upheld 27-month prison sentences for two brothers who admitted bribing energy program officials to secure lucrative contracts, rejecting their claims that the judge miscalculated their criminal proceeds at 'multimillions' instead of under $200,000 each.

Christopher and Joseph Ponzo pled guilty to running a years-long bribery scheme involving Massachusetts' Mass Save energy conservation program. Chris owned CAP Electric Inc. and brought his brother Joe into the conspiracy, helping him set up Air Tight Solutions LLC as a contractor. From 2013 to 2017, the brothers paid CLEAResult employees Eric Darlington and Peter Marra weekly cash payments and expensive gifts like tractors and MacBooks in exchange for favorable treatment on contracts worth over $43 million combined.

Circuit Judge Thompson rejected the brothers' challenges to sentencing enhancements for sophisticated means, obstruction of justice, and aggravating role. 'The two formed Air Tight — creating phony email accounts, falsifying employees, using the enterprise to funnel bribe money to Chris, wrongly classifying those payments as business expenses — to make the scheme more effective and difficult to thwart,' Thompson wrote. The court found Chris exercised control over Joe by directing him to create fake emails and send bribe money, while both brothers' lies to federal agents automatically triggered obstruction enhancements.

The Ponzos argued their sentences were based on incorrect calculations of criminal proceeds, claiming they only made around $150,000 each from tainted contracts since Chris 'self-generated' most of the work through cold calls. But the district court had found they made 'multimillions' from the scheme. The brothers also contested forfeiture orders requiring Chris to pay $13.2 million and Joe to pay $3.6 million.

The First Circuit affirmed both the sentences and forfeitures, finding the government proved by a preponderance that the brothers wouldn't have received the proceeds 'but for' their crimes. The court noted that without bribes, Air Tight wouldn't have become an approved contractor, and the corrupted CLEAResult employees inflated contract specifications and provided inside information on audits. The decision reinforces that criminal forfeiture extends to all proceeds from bribery schemes, regardless of who generated the underlying business opportunities.

Counsel

Christopher Ponzo is represented by Christian G. Kiely, Max D. Stern and Todd & Weld LLP.

Joseph Ponzo is represented by Michael J. Connolly, Elizabeth R. Farrenkopf and Hinckley, Allen & Snyder LLP.

The government is represented by Lauren Maynard and Leah B. Foley.

Case: The case is United States v. Christopher Ponzo; Joseph Ponzo, case numbers 25-1203, 25-1259, 25-1327, in the U.S. Court of Appeals for the First Circuit.

Court

First Circuit

Case Name

United States v. Ponzo

Docket

25-1327