United States Attorney James T. Jacks
Northern District of Texas

THURSDAY, APRIL 1, 2010
http://www.usdoj.gov/usao/txn/

DALLAS WOMAN SENTENCED TO 18 MONTHS IN FEDERAL PRISON
FOR STEALING NEARLY $50,000 IN SOCIAL SECURITY (SSI)
FUNDS AWARDED TO HER MINOR, DISABLED SON

DALLAS — April D. Brown, 29, of Dallas, who pleaded guilty in December 2009 to one count of theft of government funds, was sentenced today by U.S. District Judge Jane J. Boyle to 18 months in prison, to be followed by three years supervised release, announced U.S. Attorney James T. Jacks of the Northern District of Texas.

According to court proceedings and documents filed in the case, Brown entrusted her son to a non-family member a few months after his birth. In February 2002, she applied for, and later received, Supplemental Security Income (SSI) for her son and requested that she be designated as the child’s “representative payee.” A representative payee is required to use the SSI income solely for the use and benefit of the recipient, for example, to provide food, clothing and shelter for the recipient.

At today’s sentencing hearing, Judge Boyle also ordered that Brown pay $45,551 in restitution to the Social Security Administration (SSA), and to, among other conditions, report to the court every three months in the first year after her release from prison. Brown was in custody at the time of her sentencing because she violated the terms of her pretrial release by testing positive for cocaine use.

The SSI program is a federal program administered by the SSA that provides monthly payments to persons of limited income who are over 65, blind or disabled. In this case, Brown’s son was awarded benefits based on a disability.

Upon Brown’s appointment as a representative payee, she was advised of her responsibilities, including her obligation to notify the SSA if her son was no longer in her care and custody. Brown received monthly SSI checks from March 2002 through July 2008, eventually totaling $45,551, even though the child was no longer under her care and custody.

Brown never reported to the SSA that her son was not living with her. If she had, the benefits could have been directed to someone else as his representative payee. During sentencing Judge Boyle noted that Brown kept the SSI payments to buy, among other things, cocaine.

The case was investigated by SSA Office of Inspector General and prosecuted by Special Assistant U.S. Attorney Mark J. Kingsolver.

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