FOR IMMEDIATE RELEASE
MARCH 23, 2009
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LEGAL PERMANENT RESIDENT GUILTY OF THEFT OF SOCIAL SECURITY DISABILITY BENEFITS AND ATTEMPT TO FALSELY OBTAIN U.S. NATURALIZATION
Boston, MA... A legal permanent resident, formerly of East Falmouth and Clonakilty, County Cork, Ireland, was convicted today in federal court of theft of social security disability benefits and attempting to falsely obtain U.S. naturalization.
United States Attorney Michael J. Sullivan, Jeff Paula, Special Agent in Charge of the U.S. Social Security Administration, and Bruce Foucart, Special Agent in Charge of U.S. Immigration and Customs Enforcement - Boston Field Division, announced today that PETER A. O’SULLIVAN, age 51, of East Falmouth, MA and Clonakilty, County Cork, Ireland, pled guilty before U.S. District Judge William G. Young to two counts in an indictment charging him with theft of public money and procurement of naturalization contrary to law.
At the plea hearing, the prosecutor told the Court that, had the case proceeded to trial, the evidence would have proven that O’SULLIVAN is a legal permanent resident, whose country of citizenship is Ireland. The evidence would also have shown that on or about July 6, 1995, O’SULLIVAN submitted an application for Social Security Disability Insurance Benefits (“SSDI”) to the Social Security Administration (“SSA”). Based on O’SULLIVAN’s SSDI application, SSA began paying O’SULLIVAN monthly SSDI benefits in or about October 1995.
In or about March 12, 1999 and November 5, 1999, O’SULLIVAN submitted to SSA Reports of Continuing Disability Review, in which he falsely stated that he had not worked since 1996 and that he had moved to Sandwich, Massachusetts. By signing these reports, O’SULLIVAN agreed to notify SSA if he returned to work. Based on the reports submitted by O’SULLIVAN, SSA continued to pay him SSDI benefits and changed his state of residence to Massachusetts.
In January 2008, agents conducted a non-custodial interview of O’SULLIVAN where he stated that he had resided at his sister’s home in E. Falmouth for at least five years and had only made periodic visits to Ireland to visit his mother. During the course of the interview, O’SULLIVAN subsequently admitted orally, and in writing, that he was living in Ireland from 1996 until he returned to the United States in or about October 2006. O’SULLIVAN also admitted that he had continuously worked full-time from 1998 until 2006 in Clonakilty, County Cork, Ireland and that he had also briefly worked in Danbury, Connecticut, at a temp agency for about four to six weeks in or about May 2007.
O’SULLIVAN further stated that he knew it was wrong to not advise SSA of his employment in Ireland, but stated that he thought that SSA would not find out.
On January 18, 2008, SSA-OIG received from the Federal Benefits Unit, United States Embassy, Dublin, Ireland, a summary of O’SULLIVAN’s “Irish Earnings Record,” which indicates that O’SULLIVAN was employed continuously in Ireland between April 1997 and December 2007. In March 2008, SSA suspended and subsequently terminated O’SULLIVAN’s benefits retroactively to September 1999.
Based upon his concealing of gainful employment, SSA has determined that between September 1999 and March 2008 when his benefits were suspended, O’SULLIVAN falsely obtained approximately $97,578.00 in SSDI benefits to which he was not entitled.
Additionally, on or about January 12, 2007, O’SULLIVAN falsely submitted an - Application for Naturalization - Form 400 - under oath to the U.S. Citizenship and Immigration Services (“USCIS”).
In his application and during his naturalization interview, O’SULLIVAN falsely stated under oath that he had departed the United states on only two occasions for a total of 66 days during the five year requisite period. In fact, O’SULLIVAN had made at least nine trips - totaling 1,615 days - outside of the United States. On April 14, 2008, USCIS denied O’SULLIVAN’s application for naturalization.
U.S. District Judge Young scheduled sentencing for June 30, 2009. O’SULLIVAN faces a maximum sentence of 10 years’ imprisonment on Counts One and Two, to be followed by 3 years of supervised release, and a $250,000 fine on each count.
The case was investigated by the U.S. Social Security Administration and U.S. Immigration and Customs Enforcement. It is being prosecuted by Assistant U.S. Attorney Antoinette E.M. Leoney of Sullivan’s Major Crimes Unit.
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