Commonwealth v. Moe

The defendant was falsely accused of assaulting with a gun Ramon Benzan, a person who was performing work for the defendant. After the criminal complaint issued, it became apparent that Benzan had lied to a Boston police detective about the alleged assault in an attempt to extort money. The prosecutor filed a nolle prosequi. The defendant later moved to expunge his criminal records, arguing that the judge had the equitable authority to do so because Benzan had committed fraud on the court. A Boston Municipal Court judge denied the motion, concluding that the case was controlled by this…