Federal Judge Refuses to Acquit Massachusetts Sheriff in Extortion Case Tied to Ascend Wellness

A federal judge has rejected an effort to end the criminal case against Suffolk County Sheriff Steven Tompkins before it reaches the jury, keeping two federal extortion charges tied to marijuana company Ascend Wellness Holdings alive as the trial nears its conclusion.

U.S. District Judge Myong J. Joun denied the defense request Tuesday after prosecutors completed their presentation of evidence. Tompkins has pleaded not guilty.

Federal prosecutors allege Tompkins used his position as sheriff to secure an opportunity to invest $50,000 in Ascend before the company became publicly traded.

At the time, Ascend was working to establish a marijuana dispensary in Boston and had partnered with the Suffolk County Sheriff’s Department on an initiative designed to provide training and employment opportunities to people leaving incarceration.

The partnership was included among Ascend’s efforts to satisfy Massachusetts requirements intended to ensure marijuana businesses benefit communities disproportionately affected by prohibition.

At the center of the criminal case is Tompkins’ $50,000 investment in the company. Prosecutors say the value of his stake later increased to more than $138,000 before dropping substantially.

They allege that after the value declined, Tompkins sought repayment of his original investment from Ascend co-founder and president Frank Perullo. Perullo ultimately provided Tompkins with a total of $50,000 through five payments made between 2022 and 2023, according to federal prosecutors.

Perullo testified that Tompkins’ government position and Ascend’s relationship with the sheriff’s office influenced how he responded to the sheriff’s requests.

Tompkins’ attorneys have challenged that account, arguing he did not threaten the company or possess the authority to determine whether Ascend would receive marijuana licenses.

Former Suffolk County Sheriff Andrea Cabral, who later worked for Ascend, testified for the defense Tuesday and challenged a key part of the government’s theory. Cabral said Ascend’s licensing efforts did not depend entirely on its partnership with the sheriff’s department because the company had other programs intended to satisfy the state’s positive-impact requirements.

With the defense request for acquittal rejected, the case is now expected to proceed to closing arguments Wednesday before being submitted to the jury.

Tompkins faces a maximum sentence of 20 years in federal prison on each charge if convicted. He is presumed innocent unless proven guilty beyond a reasonable doubt.