William J. Edwards, United States Attorney for the Northern District of Ohio, today announced that a federal grand jury returned three separate felony indictments charging three Northeast Ohio residents with defrauding the United States Department of Labor and the United States Postal Service. The indictments returned today charge employees of the United States Postal Service with devising and carrying out three separate schemes to defraud the United States Department of Labor and the United States Postal Service by fraudulently obtaining worker’s compensation benefits and avoiding returning to work in limited duty positions.

Under federal law, employees of the United States Postal Service who are disabled due to occupational injury receive compensation benefits under the Federal Employees Compensation Act (FECA). The office of Worker’s Compensation Programs (OWCP) of the United States Department of Labor administers the benefits program under FECA. Postal Service employees who are disabled due to occupational injury are entitled to receive compensation benefits under the Act. OWCP requires periodic reports from disabled employees in order to determine whether those employees continue to be eligible to receive benefits under FECA.

Pursuant to FECA, employees are required to return to work in a limited duty position or part-time position as they recover from their work-related injuries. The United States Postal Service has a policy of returning disabled employees to a limited duty position or part-time employment at the earliest opportunity during their recovery from their work-related injury. Limited duty can only be authorized within medical restrictions set by treating physicians.

Pursuant to OWCP procedures and policy, disabled employees receiving FECA benefits are required to disclose salaried, commissioned, and self-employment activities as well as volunteer activities when claiming entitlement to worker’s compensation benefits.

An eleven-count indictment was returned against Norman J. Motko Jr., age 60, of Cleveland, Ohio, charging him with five counts of Mail Fraud and six counts of Making a Fraudulent Statement to Obtain Federal Employee Compensation. The indictment alleges that between December 14, 2004, and February 11, 2008, Motko, a motor vehicle services driver, submitted false claims forms to the U.S. Department of Labor in which he failed to disclose that he had worked outside his federal job during the claimed period resulting in the U.S. Department of Labor issuing worker’s compensation checks in the total aggregate amount of $116,980.34.

A fifteen-count indictment was returned against Tonia M. Anderson, age 53, of Akron, Ohio, charging her with four counts of Mail Fraud, eight counts of Making Fraudulent Statements to Obtain Federal Employee Compensation, and three counts of Making False Statements. The indictment alleges that between August 6, 2005, and February 21, 2006, Anderson, a clerk, submitted false claims forms to the U.S. Department of Labor in which she failed to reveal her ability to work and her true medical condition resulting in the U.S. Department of Labor issuing worker’s compensation checks in the total aggregate amount of $14,998.03.

A thirteen-count indictment was returned against Marlise Y. Taylor, age 43, of Broadview Heights, Ohio, charging her with four counts of Mail Fraud, six counts of Making Fraudulent Statements to Obtain Federal Employee Compensation, and three counts of False Statements. The indictment alleges that between April 28, 2006, and May 11, 2007, Taylor, a Supervisor of Distribution Operations, submitted false claims forms to the U.S. Department of Labor in which she failed to reveal her ability to work and her true medical condition resulting in the U.S. Department of Labor issuing worker’s compensation checks in the total aggregate amount of $39,490.45.

Elizabeth A. Farcht is the Special Agent in Charge of the Eastern Area Field Office, United States Postal Service Office of Inspector General. Farcht said: “The vast majority of the Postal Service’s nearly 650,000 employees are dedicated and hard-working individuals who work diligently to move the mail to its proper destination. Unfortunately, there are a small number of individuals who betray the public’s trust and take advantage of the federal worker’s compensation program. If you know someone who is stealing, faking an injury, or defrauding the Postal Service, contact an OIG Special Agent at www.uspsoig.gov or toll free at 1-888-USPS-OIG.”

This case is being prosecuted by Assistant United States Attorney Phillip J. Tripi following a joint investigation by the United States Postal Service Office of Inspector General and the Department of Labor Office of Inspector General. Indictments in each of the three returned cases are attached to this press release.

An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.