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Joseph Penatello, Disability Benefits Fraud, New York 2022

A former motor vehicle operator for the United States Postal Service (USPS) has been charged with making false statements to obtain over $160,000 in disability benefits, authorities announced Tuesday.

Joseph Penatello, 64, of Brooklyn, was arrested and will appear in federal court in Brooklyn today in connection with the alleged scheme, which began in 2001 after he sustained a neck and back injury while working for the USPS.

According to the complaint, Penatello submitted documents falsely claiming that he was totally disabled and unable to work due to his medical condition. He also falsely claimed that he was not earning any income, despite being videotaped working at flea markets in Brooklyn and Manhattan.

The video recordings, made by USPS-OIG special agents over 20 occasions between 2014 and 2018, showed Penatello engaging in strenuous activities, such as carrying heavy objects, standing for long periods of time and driving a motor vehicle.

Penatello allegedly told an undercover special agent that he runs flea markets five days-a-week and up to 12 hours per day.

“As alleged, the defendant was employed at flea markets at the same time he falsely claimed to be incapable of working for the Postal Service due to a medical condition,” stated United States Attorney Richard P. Donoghue. “Such disability scams are nothing less than stealing from our taxpayers and will not be ignored.”

Penatello faces a statutory maximum of five years’ imprisonment if convicted.

The government’s case is being handled by the Office’s General Crimes Section, with Assistant United States Attorney Erin Reid in charge of the prosecution.

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