Massachusetts mayor’s lawyer ignites fury with ‘he doesn’t speak English’ claim amid fraud case

A video of Lawrence Mayor Brian DePena’s lawyer telling reporters “he doesn’t speak English, no comment” has set off a social media storm, overshadowing the federal fraud case that prompted the exchange in the first place.

Mr. DePena, 61, was arrested Friday after a federal complaint accused him of fraudulently obtaining more than $1.5 million in COVID-era Economic Injury Disaster Loans through his Lawrence tire shop, Tenares Tire Services Inc. Prosecutors allege Mr. DePena diverted the loan proceeds to his mayoral campaign, personal tax debts, and to pay off high-interest loans secured by properties he owned — debt the complaint says he carried with two “hard money lenders” charging 12% and 8% interest, well above the 3.75% rate on his federal loan.

U.S. Attorney Leah B. Foley said Mr. DePena “betrayed that trust through his alleged corruption and lies.” He is charged with one count of wire fraud and one count of money laundering. The wire-fraud charge carries a maximum 20-year sentence and the money-laundering charge a maximum 10 years; any sentence would ultimately be set by a federal judge under sentencing guidelines. The Justice Department notes the allegations are just that, and Mr. DePena is presumed innocent unless proven guilty.

As Mr. DePena left his arraignment smiling and repeating “God bless you” to reporters, his attorney, Carlos Apostle, stepped in to field questions — and told the assembled press his client doesn’t speak English. The exchange quickly went viral, drawing mockery from conservative commentators who noted Mr. DePena has held elected office in Lawrence since 2016. Radio host Mike Gallagher wrote on X that “our melting pot has completely melted,” while journalist Miranda Devine argued English fluency “should be a basic prerequisite for holding public office.”

The claim overstates the mayor’s command of English, though only somewhat. In a 2022 interview, GBH characterized Mr. DePeña as someone who “for the most part does not speak English day-to-day” — but the outlet also quoted him speaking English on the record, including his explanation that “I practice my English because it’s very important in America.”

Mr. Apostle later ran into trouble of his own outside the courthouse. In footage and reporting from WBZ-TV, he struck a parked vehicle while attempting to drive Mr. DePena away from reporters, then complained, “Look how outrageous this is. It’s crazy. You would never do this to someone White,” before driving off.

Mr. DePena was born in the Dominican Republic and has said he once lived in the U.S. without legal status before becoming a citizen. He was elected to the Lawrence City Council in 2016, became mayor in 2021 and won reelection last November.

According to the federal complaint, the alleged scheme began small: Tenares Tire received a $150,000 loan in 2020 that Mr. DePena largely used as intended, prosecutors said. But as his campaign account allegedly ran low on cash and personal debts mounted the following year, he sought two loan increases — eventually bringing the total to more than $1.65 million, according to the complaint — and allegedly diverted large portions of the funds to his campaign and creditors within days of each deposit. As of early August, he had made just 16 payments on the loan, prosecutors said, leaving a principal balance of roughly $1.65 million outstanding.

Some Lawrence residents told WBZ they weren’t shocked by the allegations. “It doesn’t shock me. It doesn’t really come as a surprise,” resident Louis Ortiz said. “There was some speculation about his honesty.”

Mr. DePena was released after his arraignment but ordered to surrender his passport, avoid contact with witnesses in the case, and refrain from seeking any new loans without court approval.