‘How come they're not in jail?' Serial scammers avoid criminal consequences

Despite owing thousands of dollars to victims and tallying at least 16 evictions on their record, a husband and wife have escaped any serious consequences for a pattern of behavior that includes bouncing checks and providing false documents to live rent-free in Massachusetts for the past two decades.

So why have the Callahans, who are known in housing circles as “professional tenants,” been able to avoid prosecution?

An ongoing NBC10 investigation found that instead of treating the incidents as crimes, authorities have chalked them up as “housing court matters.”

Realtor Karynsue Marchione-Reilly remembers listing a Shrewsbury home for rent in 2017. The property boasted granite counters, stainless steel appliances and a yard overlooking Lake Quinsigamond.

When Russell and Linda Callahan showed up to view the property, Marchione-Reilly recalled how the couple excitedly talked about where they would hang curtains and decorate other rooms in the home.

Following the appointment, Marchione-Reilly said the couple followed her back to her office to fill out a rental application. The realtor noticed Callahans had a truck filled with furniture and they seemed eager to provide a $5,000 deposit and secure the property.

“I told them I couldn’t accept a check because they weren’t approved,” Marchione-Reilly said. “They were in a hurry to move in and I told them I would not have a decision right away.”

However, about an hour later, Marchione-Reilly said she received a call from the property owner, who’d been notified the utilities had already been switched to the Callahans' name.

That’s when the realtor jumped on her computer and looked up the couple’s housing court records online, revealing a consistent string of evictions for failure to pay rent.

“I literally started to panic,” Marchione-Reilly said. “I went to the police department and one of the officers told me there was nothing they could do because this is housing court. I said, ‘They are trying to move in without being approved. Isn’t this against the law?’ He responded that I would have to take them to court.”

Marchione-Reilly eventually was able to secure a “do not trespass order” and texted an image of the document to the Callahans. She then rushed over to check on the rental property.

Once she arrived, she discovered that all the windows had been unlocked when the Callahans were viewing the property.

“They were going to squat over the weekend, but we ended up catching them,” Marchione-Reilly said. “I tell everybody the story because you can’t make this stuff up!”

Add it to the list of crazy stories about the Callahans. Over the past two decades, NBC10 found the couple has been evicted more than 20 times in Massachusetts and Florida, with judgments for unpaid rent surpassing well over $100,000.

A Shrewsbury couple learned how notorious the Callahans are in Worcester County when they called a moving company last year to get a quote for an eviction.

“The guy asked the name of the person I was evicting,” recalled Sitanshu Sinha. “I gave him Russell and Linda’s name. Two minutes later, he came back with an exact number, not an estimate. He said they had moved them multiple times and this is what it was going to cost me.”

That move ended up costing Sinha more than $7,000, in addition to the legal fees and the unpaid rent he was owed.

Our review of housing court records revealed the Callahans’ history is no secret inside the Worcester courthouse, either.

Attorney Henry Raphaelson has been involved in at least six eviction cases with the Callahans.

“They certainly owe the most money of anyone I’ve seen in Worcester County,” Raphaelson told us.

Court audio we obtained showed that Russell Callahan has often represented himself in cases, filing motions and making arguments to delay the eviction proceedings.

Attorney Rich Vetstein provided us with video he recorded of the Callahans being evicted from his client’s property last year. In court audio, he pleaded with the judge not to extend any more deadlines.

“My client wants them out,” Vetstein said during the hearing. “They’re victims of essentially a scam. I could say a lot worse things, but I’ll refrain.”

In the Callahans’ most recent eviction, where they used the last name “O’Callagham” on paperwork to avoid detection when Sinha rented his Shrewsbury home, Russell Callahan avoided answering questions under oath.

“I am not going to answer that without legal representation,” Russell Callahan responded when asked by Sinha’s attorney which name he provided during the rental process.

Judge Sergio Carvajal, who presided over the housing court case, did not mince words.

“I don’t credit your testimony, sir. I actually don’t credit anything you said,” Carvajal told Russell Callahan. “I find you to be evasive and not particularly forthcoming.”

In one of the only instances we found where a criminal charge was pursued for knowingly bouncing a check to secure a rental property, the case barely made it past the opening gavel.

In Westborough District Court, a Worcester County prosecutor argued there was probable cause a crime had been committed and the case should be pursued.

Judge Timothy Bibaud was not persuaded.

“Motion to dismiss is allowed,” Bibaud ruled. “This belongs in housing court.”

And so the pattern continues.

The Callahans have not responded to our phone calls, emails or a letter sent to a P.O. box in Worcester County. No new address has surfaced since their last eviction at the end of 2023.

In the meantime, Sinha recently filed a report at the Shrewsbury Police Department.

A spokesperson with the Worcester County District Attorney said it does not comment on individual cases, but said all reports are reviewed to determine if criminal charges are appropriate.

We also reached out to the Massachusetts Attorney General about our findings.                                                 

“We are monitoring your coverage, and at this time, cannot confirm or deny an investigation,” a spokesperson for the AG told us.

Seven years later, Marchione-Reilly can’t believe the couple still hasn’t been stopped.

“I knew someday they were eventually going to get caught,” she said. “But I didn’t know it would get investigated. They should be investigated by the police, not you.”