Federal Jury Convicts San Antonio Man for Scheme to Defraud the Veterans Affairs Disability Compensation Program

Mack Cole, Jr., age 54, of San Antonio, faces federal prison time after a jury this afternoon found him guilty of scheming to defraud the Department of Veterans Affairs Disability Compensation Program announced United States Attorney Richard L. Durbin, Jr.

In San Antonio this afternoon, a federal jury convicted Cole on four counts of health care fraud and two counts of making false statements in a matter involving a health care benefit program.

Evidence presented during trial revealed that Cole, who was deployed with the Kansas Army National Guard to Kosovo in 2004, injured his lower back in a state-side training accident prior to the deployment.

In 2006, Cole was granted military retirement and was later deemed eligible for monthly benefits as a retired disabled veteran. The jury found that Cole misrepresented the severity of his service-connected injuries in order to collect a higher level of benefits, adaptations to his residence, and extensive durable medical equipment. Special Agents of the Department of Veterans Affairs Office of Inspector General (VA OIG) conducted video surveillance of Cole, who represented to his VA physicians that he was not able to walk. Over the course of several months, Special Agents of the VA OIG recorded video of Cole mowing his front lawn, walking around his driveway and lawn without assistance, and otherwise demonstrating that he had the ability to walk.

Cole remains on bond pending sentencing scheduled for September 21, 2017, before Chief United States District Judge Orlando L. Garcia. Cole faces up to ten years imprisonment on each of the health care fraud convictions, and up to five years on each of the false statement convictions.

Special Agents with the VA OIG investigated this case. Assistant United States Attorney Bud Paulissen is prosecuting this case on behalf of the Government.