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Justice News

Department of Justice
U.S. Attorney’s Office
District of New Mexico

FOR IMMEDIATE RELEASE
Monday, January 11, 2016

Texas Man Arraigned in New Mexico on Indictment Alleging Scheme to Defraud Social Security Administration

ALBUQUERQUE – Dannelly Labogin, 68, of Amarillo, Texas, was arraigned today in federal court in Las Cruces, N.M., on a 36-count indictment charging him with defrauding the Social Security Administration (SSA) of $82,483.00 in Social Security Child’s Insurance Benefits and theft of government property.  Labogin entered a not guilty plea to the indictment and was released on his own recognizance.

Count 1 of the indictment alleges that between June 2007 and Nov. 2013, Labogin executed a scheme to defraud the SSA by continuing to receive benefits on his daughter’s behalf even though the girl had been adopted by others and was no longer in his care.  It further alleges that as a result of this scheme, Labogin fraudulently received an aggregate of $82,483.00.  Counts 2 through 36 of the indictment allege that Labogin knowingly stole and embezzled an aggregate of $26,633.00 in Social Security Child’s Insurance Benefit payments from the SSA between Oct. 1, 2010 and Dec. 3, 2013.

Labogin was arrested in Amarillo on Dec. 4, 2015, and was transferred to the District of New Mexico on Jan. 5, 2016, to face the charges against him.

If convicted, Labogin faces a statutory maximum penalty of five years in prison on the fraud charge and ten years in federal prison on each of the theft of government property charges.  Maximum potential sentences are prescribed by Congress and the sentence imposed on a defendant is determined by the court. 

Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Social Security Administration, Office of the Inspector General, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

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Updated January 11, 2016