Saturday, September 11, 2010

Penalties for Defrauding the U.S. Social Security Administration

The following documents

make false statements and misrepresentations of material facts and further caused the D.C. Department of Human Rights, the D.C. Corporation Counsel, The D.C. Superior Court and the D.C. Court of Appeals to make false statements about my employment at the D.C. law firm of Akin, Gump, Strauss, Hauer & Feld (March 1988 to October 20, 1991) in probable violation of the following  provision of the U.S. Code.

Precisely why the U.S. Department of Justice has decided not to investigate this matter is a mystery.  I will note that the Attorney General of the United States is a personal friend of a senior management attorney at Akin Gump.  That management attorney reportedly tried to buy the silence in the 1990s of an individual who had incriminating evidence that might lead to the impeachment of a former President of the United States.  The head of the criminal division at the Justice Department is a former law partner of the Attorney General.

On January 15, 2010 I advised the U.S. Marshal that my Social Security disability claim was a "total fraud."  The U.S. Marshal expressly refused to make a referral to the FBI and further advised that the kind of fraud I was alleging was "probably of a nature that was too difficult for the FBI to investigate."

There is apparent reason to believe that an obstruction of justice by private attorneys and employees of the U.S. Department of Justice has occurred and that the Justice Department  has actively sought to intimidate me from speaking out about this matter.


§ 1011. Penalties for fraud

(a) In general


(1) knowingly and willfully makes or causes to be made any false statement or representation of a material fact in an application for benefits under this subchapter;

(2) at any time knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining any right to the benefits;

(3) having knowledge of the occurrence of any event affecting—

(A) his or her initial or continued right to the benefits; or

(B) the initial or continued right to the benefits of any other individual in whose behalf he or she has applied for or is receiving the benefit,

conceals or fails to disclose the event with an intent fraudulently to secure the benefit either in a greater amount or quantity than is due or when no such benefit is authorized; or

(4) having made application to receive any such benefit for the use and benefit of another and having received it, knowingly and willfully converts the benefit or any part thereof to a use other than for the use and benefit of the other individual,

shall be fined under title 18, imprisoned not more than 5 years, or both.

(b) Court order for restitution

(1) In general

Any Federal court, when sentencing a defendant convicted of an offense under subsection (a) of this section, may order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to the Commissioner of Social Security, in any case in which such offense results in—

(A) the Commissioner of Social Security making a benefit payment that should not have been made, or

(B) an individual suffering a financial loss due to the defendant’s violation of subsection (a) of this section in his or her capacity as the individual’s representative payee appointed pursuant to section 1007(i) of this title.

(2) Related provisions

Sections 3612, 3663, and 3664 of title 18 shall apply with respect to the issuance and enforcement of orders of restitution under this subsection. In so applying such sections, the Commissioner of Social Security shall be considered the victim.

(3) Stated reasons for not ordering restitution

If the court does not order restitution, or orders only partial restitution, under this subsection, the court shall state on the record the reasons therefor.

(4) Receipt of restitution payments

(A) In general

Except as provided in subparagraph (B), funds paid to the Commissioner of Social Security as restitution pursuant to a court order shall be deposited as miscellaneous receipts in the general fund of the Treasury.

(B) Payment to the individual

In the case of funds paid to the Commissioner of Social Security pursuant to paragraph (1)(B), the Commissioner of Social Security shall certify for payment to the individual described in such paragraph an amount equal to the lesser of the amount of the funds so paid or the individual’s outstanding financial loss as described in such paragraph, except that such amount may be reduced by any overpayment of benefits owed under this subchapter, subchapter II of this chapter, or subchapter XVI of this chapter by the individual.

1 comment:

social security disability said...

Working with an attorney will save you the stress and hassle or working directly with the Social Security Administration and will ensure that your claim is given the best chance for acceptance.