Former Massachusetts State Trooper Has Agreed to Plead Guilty to Conspiracy to Falsify CDL Test Scores

BOSTON – A former Massachusetts State Police (MSP) trooper has agreed to plead guilty to his role in an alleged conspiracy to falsify records by giving passing scores to certain Commercial Driver’s License (CDL) applicants even if they failed the CDL test or took less than the full test required by federal law.

Calvin Butner, 64, of Halifax, Mass. has agreed to plead guilty to one count of conspiracy to falsify records, three counts of falsifying records and aiding and abetting and five counts of making false statements. U.S. District Court Judge Indira Talwani scheduled the plea hearing for April 7. In January 2024, Butner was charged in a 74-count indictment along with five others in the alleged conspiracy and related schemes.

According to the charging document, a CDL is required to drive a commercial vehicle, such as a tractor-trailer, a box truck, or a school bus. Test requirements for CDLs are established by the Federal Motor Carrier Safety Administration, which is part of the U.S. Department of Transportation. However, states administer CDL tests and issue the licenses. The CDL test is a demanding, in-person test. An applicant must not only prove they have detailed knowledge of commercial vehicles, they must also perform certain maneuvers and safely drive on public roadways, including a highway. Only drivers who have passed the test and thereby proved they are qualified to drive a commercial vehicle may be issued a CDL, because public safety is at issue. Test scores reported by members of MSP’s CDL Unit are material to whether applicants meet federal requirements for, and therefore whether the Massachusetts Registry of Motor Vehicles may issue, CDLs.

According to the charging document, between in on or about May 2019 and January 2023, Butner and three other members of the CDL Unit conspired to give preferential treatment to at least 17 CDL applicants by agreeing to give passing scores on their CDL tests regardless of whether or not they actually passed. Butner and the co-defendants allegedly used the code word “golden” to identify these applicants. The indictment alleges that Butner gave passing scores to applicants about whom he texted the following comments to a co-conspirator:

•    “This guys a mess. . . . Lol. He owes u a prime rib 6inch.”
•    “Golden mess. 🤣🤣🤣🤣🤣🤣”
•    “He’s a mess Class A truck 2psi loss with truck running truck cut our again while timing 🤣🤣🤣🤣”
•    “Total mess this guy[.] i think some time[s] we should just do what we can but not golden. I’ll tell you about it later.”

In addition to the false records conspiracy, Butner has agreed to plead guilty to three counts of falsifying records, aiding and abetting, by giving passing scores to three applicants who failed the CDL test, and five counts of making false statements by giving passing scores to five applicants who did not take the test at all.

On March 21 a civilian co-defendant, Eric Mathison, pleaded guilty to one count of conspiracy to commit extortion.

All CDL recipients identified as not qualified during the course of this investigation have been reported to the Massachusetts Registry of Motor Vehicles.  

The charge of conspiracy to falsify records provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000. The charges of falsification of records each provide for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000. The charges of false statements each provide for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Leah B. Foley; Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England; and Christopher A. Scharf, Special Agent in Charge, U.S. Department of Transportation Office of Inspector General, Northeast Region made the announcement today. Assistant U.S. Attorneys Christine J. Wichers and Adam W. Deitch of the Public Corruption & Special Prosecutions Unit are prosecuting the case.

The details contained in the charging documents are allegations. Butner and his-codefendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.