New York Man Charged With Stealing $109,746 in Social Security Benefits After Brother's Death

A New York man allegedly began withdrawing money from his deceased brother’s bank account just one day after his death, prosecutors said, as Social Security payments continued to flow into the account because the agency had not yet been notified of the death. The withdrawals and continuing benefit payments eventually amounted to $109,746 in allegedly stolen Social Security benefits, according to the US Department of Justice. The case involving David Darling, of the Northern District of New York, was among 17 cases announced by the Justice Department as part of a month-long enforcement push targeting alleged fraud involving Social Security benefits. According to an indictment cited by the DOJ, Darling had control of his deceased brother’s ATM card and began withdrawing money from the account the day after his brother died. The Social Security Administration was unaware of the death and continued depositing benefits into the account.

How the alleged scheme unfolded

The DOJ's account indicates that the case centred on continued access to an account belonging to a person who had died. After his brother's death, Darling allegedly had possession or control of the brother's ATM card. Prosecutors say he began making withdrawals almost immediately, starting the day after the death. Because the Social Security Administration had not yet learned that the beneficiary had died, payments continued to be deposited into the account. The indictment alleges that Darling then continued withdrawing money from the account, ultimately resulting in $109,746 in Social Security benefits being identified as stolen. The DOJ has charged Darling with three federal offences: access device fraud, theft of government property and aggravated identity theft. An indictment is an accusation, and the charges against Darling are allegations. He is presumed innocent unless and until proven guilty in court.

Three federal charges

According to the Justice Department, the charges carry different potential penalties. The access-device-fraud charge, brought under 18 U.S. Code § 1029, can carry a maximum sentence of up to 15 years in prison in the circumstances outlined by prosecutors. The theft-of-government-property charge under 18 U.S. Code § 641 carries a maximum penalty of up to 10 years, according to the DOJ. Darling also faces an aggravated identity-theft charge under 18 U.S. Code § 1028A. The DOJ said that offence carries a mandatory minimum sentence of two years in prison. The case is being prosecuted by Assistant US Attorney Arne Soldwedel for the Northern District of New York, with Assistant US Attorney Benjamin Clark serving as District Fraud Counsel adviser, the department said. For Darling, however, the allegations will now have to be tested in federal court.

Wider Social Security fraud crackdown

Darling's case was one of several announced by the Justice Department on September 29 as part of a surge of criminal enforcement actions involving Social Security Administration benefit programs, including Supplemental Security Income. Between August 21 and September 18, the DOJ's National Fraud Enforcement Division and US attorneys in 11 federal districts, with assistance from the Social Security Administration's Office of Inspector General, brought charges against 17 defendants. The department said those cases represented more than $1.3 million in intended losses to the United States. The cases involved a range of alleged schemes, including the misuse of benefits belonging to deceased people, representative-payee fraud and alleged identity theft. One Illinois case involved a woman prosecutors allege concealed her mother's body in a garage freezer for two years while assuming her mother's identity and collecting her Social Security and other benefits. The DOJ put the intended loss in that case at $21,402. In another case from Pennsylvania, prosecutors allege that a woman continued taking her deceased father's Social Security retirement payments after his death in November 2020. The department said payments continued until October 2023, with $59,070 allegedly stolen. Other cases announced as part of the enforcement effort involved alleged misuse of benefits belonging to elderly or disabled recipients. The Social Security Administration's Office of Inspector General assisted the Justice Department in the wider enforcement operation, which covered 11 federal districts.