An attorney from Lexington has been arrested and charged with embezzling at least $2.5 million while working as a bookkeeper for three companies in Massachusetts. David Smerling, 74, faces charges of wire fraud after being apprehended and subsequently released under certain conditions.

Court documents reveal that between January 2016 and May 2020, Smerling allegedly transferred funds from the companies' bank accounts to his own accounts. To obscure the scheme, he reportedly routed some of the funds through an intermediary account owned by one of the victims before moving them to his personal accounts. Additionally, it is alleged that Smerling arranged for bank statements to be sent to his home instead of the victims' addresses to further conceal his actions.

The charge of wire fraud carries a potential sentence of up to 20 years in prison, along with three years of supervised release and a fine reaching $250,000 or twice the gross gain or loss. Sentencing will be determined by a federal district court judge based on U.S. Sentencing Guidelines and other statutory factors.

The announcement was made by U.S. Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation's Boston Field Office. Assistant U.S. Attorney Kristen A. Kearney from the Securities, Financial & Cyber Fraud Unit is leading the prosecution.

It is important to note that these details are allegations contained within the charging document; Smerling is presumed innocent until proven guilty beyond a reasonable doubt in court.