The Consequences of Committing Social Security Fraud in Georgia

Fraud is one of the most common types of “white collar” crime prosecuted in Georgia. In broad terms, fraud involves the use of deceit to obtain money or property from another person. The government pays particular attention when it is the victim of such fraud. For example, if you lie to a government agency in order to obtain benefits you are not legally entitled to, you can quickly find yourself before a judge facing a substantial prison sentence.

Atlanta Woman Receives Probation, Must Repay Government Over $130,000

Take this recent case from right here in Georgia. In July 2024, a federal judge sentenced a 66-year-old Atlanta woman to two years of probation, including 90 days of house arrest, after she pleaded guilty to committing fraud against the Social Security Administration (SSA). Specifically, federal prosecutors charged the defendant with lying to the SSA in order to continue receiving her deceased father’s Social Security benefits.

As you probably know, Social Security provides eligible retirees with monthly retirement benefits starting when they reach the age of 62. In cases where a beneficiary cannot manage their own financial affairs, the SSA will appoint someone to act as a “representative payee” to receive their retirement benefits. Here, the SSA appointed the defendant as the representative payee for her father when he was still alive.

That was in 2004. The defendant’s father died in July 2006. At that point, the defendant was supposed to notify the SSA so it could stop paying out his retirement benefits. Instead, according to the government’s charging documents, the defendant filed false forms with the SSA asserting her father was still alive and that she was continuing to suspend his retirement benefits “on his care and support.”

The SSA continued to pay the father’s retirement benefits until 2020, when federal prosecutors got wind of the scheme. A federal grand jury subsequently indicted the defendant on 3 counts of mail fraud and 12 counts of theft of government funds. (Each of the 12 theft counts represented a specific payment the defendant received between 2018 and 2021.) Under the terms of the defendant’s plea agreement, however, she pleaded guilty to just 2 of the theft counts. The government dismissed the remaining charges.

As previously noted, the court sentenced the defendant to a period of home confinement and probation. The maximum penalty for each of the 2 counts the defendant pleaded guilty to was 10 years in federal prison. Keep in mind, however, that Federal Sentencing Guidelines often produce significantly lower sentences, particularly in cases where the defendant is a first-time offender with no prior history of violence. And as part of her sentence, the defendant in this case must repay the government over $130,000, representing the Social Security payments she wrongly claimed.

Contact Hawkins Spizman Trial Lawyers Today

You should never assume that just because an alleged crime only involves money that prosecutors will not bring the full force of the law to bear against you. Indeed, you should assume just the opposite and work with a qualified Atlanta fraud lawyer who can aggressively represent your interests. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

justice.gov/usao-ndga/pr/two-georgia-women-sentenced-stealing-social-security-benefits