Mark Gardner, Social Security Theft, Massachusetts 2016

BOSTON – Mark Gardner, 57, pleaded guilty to stealing $65,311 in Social Security benefits. Gardner, of Abington, Massachusetts, was not entitled to the funds, but continued to withdraw the money from a bank account held jointly in his name and his mother’s name after her death in 2009.

Gardner’s mother’s monthly Social Security benefits were directly deposited into the joint bank account, but he routinely withdrew the money for his own use. The theft occurred from 2009 to 2014, with Gardner taking a total of $65,311 in Social Security funds.

Gardner pleaded guilty to theft of public money in U.S. District Court in Boston on February 5, 2016. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for the same date.

This case is part of an ongoing effort by the U.S. Attorney’s Office, in partnership with the Social Security Administration, to investigate and prosecute posthumous fraud of Social Security benefits. In many cases, family members continue to withdraw and spend the funds after a relative has died.

Since October 2014, the U.S. Attorney’s Office has prosecuted several similar cases involving a total of more than $1 million in stolen government money. Other cases include:

Brian Sandiford, of Milton, Massachusetts, pleaded guilty to stealing $70,811 from Social Security from 2010 to 2014. Sentencing is scheduled for March 3, 2016.

Patricia Kwiatkowski, of Upton, Massachusetts, was sentenced for stealing $128,101 from Social Security from 2006 to 2014.

Graeme Griffith, of Andover, Massachusetts, was sentenced for stealing $149,285 from Social Security from 2003 to 2014.

Frances Kenney Moseley, of Boston, Massachusetts, was sentenced for stealing $222,172 from Social Security from 2003 to 2010.

The charging statute provides a sentence of no greater than ten years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater, and restitution. Actual sentences for federal crimes are typically less than the maximum penalties.

United States Attorney Carmen M. Ortiz and Scott Antolik, Special Agent in Charge of the Office of Inspector General, Social Security Administration, Office of Investigations, Boston Field Division, made the announcement today. The Gardner case is being prosecuted by Special Assistant U.S. Attorney Timothy Landry of Ortiz’s Major Crimes Unit.

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