Commonwealth v. Biagiotti

888 N.E.2d 364, 451 Mass. 599, 2008 Mass. LEXIS 329
CourtMassachusetts Supreme Judicial Court
DecidedJune 11, 2008
StatusPublished
Cited by3 cases

This text of 888 N.E.2d 364 (Commonwealth v. Biagiotti) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Biagiotti, 888 N.E.2d 364, 451 Mass. 599, 2008 Mass. LEXIS 329 (Mass. 2008).

Opinion

Greaney, J.

A grand jury returned three indictments against the defendant, an employee of the Massachusetts Port Authority (Massport), charging him with making false entries in corporate books, in violation of G. L. c. 266, § 67 (§ 67)1; fraud in [600]*600procurement, in violation of G. L. c. 266, § 67A; and conspiracy to commit larceny over $250, in violation of G. L. c. 266, § 30. A Superior Court judge, in part, allowed the defendant’s motion to dismiss, concluding that Massport, the entity in whose books the defendant is alleged to have made a false entry, does not constitute a “corporation” within the meaning of § 67.2 Pursuant to Mass. R. Crim. P. 34, as amended, 442 Mass. 1501 (2004), the judge reported the correctness of her order and the following question: “May the Commonwealth prosecute a defendant under G. L. c. 266, § 67, for his falsification of Mass-port records?”3 We granted the Commonwealth’s application for direct appellate review. We answer the question in the affirmative and vacate the judge’s order insofar as it allowed the defendant’s motion to dismiss the indictment charging him with violating § 67.4

The Commonwealth alleges the following facts.5 The defendant is a long-time employee of Massport. At the time of his indictment, he was the assistant terminal manager at the Conley Container Terminal in the South Boston section of Boston. In that position, the defendant was responsible for preparing the weekly payroll records of the longshoreworkers who worked at the terminal. These records were then forwarded to Columbia Coastal, LLC, the company that directly paid the longshore-workers.

[601]*601The longshoreworkers were union members and were not employees of Massport or employees of the Commonwealth. Under their collective bargaining agreement, the longshore-workers received benefits based on the number of hours worked during the previous year. A greater number of hours worked, up to a maximum of 1,500 hours, would result in more comprehensive benefits.

The defendant, as a Massport employee, altered a longshore-worker’s payroll record so that it would be considered as the payroll record of the longshoreworker’s son. Specifically, the defendant altered the payroll record by changing the last four digits of the longshoreworker’s Social Security number to reflect the Social Security number of his son, who also was a longshoreworker. The alteration allowed the son to receive a higher level of benefits than he was entitled to receive based on the actual hours the son had worked.

In allowing the defendant’s motion to dismiss the indictment charging a violation of § 67, the judge decided that the reference in § 67 to the term “corporation” was ambiguous because it did not specify whether it applied only to private corporations or to all entities defined as corporations. The judge concluded, based on the perceived ambiguity, that the rule of lenity required her to construe § 67 in the defendant’s favor, making the term applicable only to private corporations. The indictment charging the defendant with a violation of § 67 was then dismissed.

1. In a prosecution under § 67, the Commonwealth must prove that the defendant made, with intent to defraud, a false entry in the books of a “corporation.” The statute does not define the term “corporation.” Massport is a “body politic and corporate.” See St. 1956, c. 465, § 2 (establishing “a body politic and corporate to be known as the Massachusetts Port Authority”). We conclude that the term “corporation” in § 67 encompasses the entity Massport.

We reach this conclusion for the following reasons. “Where the language of a statute is plain, it must be interpreted in accordance with the usual and natural meaning of the words.” Commonwealth v. Rahim, 441 Mass. 273, 274 (2004), quoting Gurley v. Commonwealth, 363 Mass. 595, 598 (1973). “In particular, absent clear indication to the contrary, statutory language is [602]*602to be given its ‘ordinary lexical meaning.’ ” Commonwealth v. Rahim, supra at 275, quoting Surrey v. Lumbermens Mut. Cas. Co., 384 Mass. 171, 176 (1981). We appropriately are not guided by a definition of the term “corporation” contained in a law dictionary cited by the defendant.

The plain and ordinary meaning of the term “corporation” refers to “[a] body that is granted a charter legally recognizing it as a separate legal entity having its own rights, privileges, and liabilities distinct from those of its members.” American Heritage Dictionary 421 (3d ed. 1996) (primary definition). See Webster’s Third New Int’l Dictionary 510 (1993) (primary definition of “corporation” is “a body of persons associated for some purpose”); Webster’s II New Riverside University Dictionary 313 (1984) (primary definition of “corporation” is “[a] body of persons granted a charter legally recognizing it as a separate entity having its own rights, privileges, and liabilities distinct from those of its members”); American Heritage Dictionary 298 (1970) (defining “corporation” principally as “[a] body of persons granted a charter legally recognizing them as a separate entity having its own rights, privileges, and liabilities distinct from those of its members”).

Common usage of the term is not restrictive and encompasses all types of corporations, without regard to the corporation’s status as a private or public, profit or nonprofit, or business or charitable entity. See 1 W.M. Fletcher, Cyclopedia of Corporations § 49 (rev. ed. 2006) (“Corporations may be classified in different ways. They may be classified with respect to their purposes into nonprofit corporations, public or private corporations, professional corporations, municipal corporations, religious corporations, educational corporations, charitable, beneficial or eleemosynary corporations, business corporations, stock and nonstock corporations . . . and others. Corporations also may be . . . foreign or domestic corporations, publicly-held or privately-held corporations, or close corporations.” [Footnotes omitted]). The defendant’s contention that the term “corporation” is limited to private corporations6 requires the addition of a qualification to the term that does not appear in § 67. It is [603]*603not our function to rewrite a statute. See Bulger v. Contributory Retirement Appeal Bd., 447 Mass. 651, 661 (2006), quoting Commissioner of Revenue v. Cargill, Inc., 429 Mass. 79, 82 (1999) (“Where, as here, the language of the statute is clear, it is the function of the judiciary to apply it, not amend it”).

A reading of § 67 as a whole, see note 1, supra, supports our construction. See Selectmen of Topsfield v. State Racing Comm’n, 324 Mass. 309, 312-313 (1949) (explaining rule of statutory construction that one clause in statute is “to be construed with reference to every other clause . . . without giving undue emphasis to any one group of words, so that, if reasonably possible, all parts shall be construed as consistent with each other so as to form a harmonious enactment”).

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Bluebook (online)
888 N.E.2d 364, 451 Mass. 599, 2008 Mass. LEXIS 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-biagiotti-mass-2008.