Kevin Smith, Misuse of a Social Security Number, New York 2022

A local man was convicted of Misuse of a Social Security Number and two counts of Aggravated Identity Theft in the Northern District of New York.

Kevin Smith, formerly of Owego, New York, was found guilty after a four-day jury trial.

The charges relate to Smith’s use of the name, Social Security number, and date of birth of a homeless U.S. Army veteran living in North Carolina to obtain Supplemental Security Income (SSI) benefits to which he was not entitled.

The evidence at trial established that, since approximately 1999, Smith received SSI benefits from the Social Security Administration under the name, date of birth, and Social Security number of the victim.

When Smith’s use of the other person’s identity was ultimately discovered and Smith was questioned by federal agents, Smith continued to falsely claim the identity as his own and provided agents a photocopy of the victim’s birth certificate and Social Security card, purporting them to be his own.

Sentencing is scheduled for September 30, 2022, in Syracuse, before United States District Judge Mae A. D’Agostino.

For his conviction of Misuse of a Social Security Number, Smith faces a maximum term of imprisonment of five years, a fine of up to $250,000, restitution to the Social Security Administration, and a term of supervised of up to three years.

For his two convictions on Aggravated Identity Theft, Smith faces a mandatory sentence of two years in federal prison on each count, which the Court can run concurrently or consecutively.

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