Posted on: November 23, 2024 02:55 PM

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Florida man charged with stealing pension benefits issued to his deceased father

District Attorney Anne T. Donnelly and New York State Comptroller Thomas P. DiNapoli announced that a Florida man was charged with grand larceny and identity theft for allegedly accepting, withdrawing, and spending nearly $80,000 in funds from pension payments made by the New York State and Local Retirement System (NYSLRS) to the defendant’s father who had passed away in 2019.

Richard Gaines Jr., 51, of Daytona Beach, Florida, was arraigned today before Judge Geoffrey Prime on charges of Grand Larceny in the Second Degree (a C felony) and Identity Theft in the First Degree (a D felony). The defendant pleaded not guilty and was released on his own recognizance. He is due back in court on November 27, 2024. If convicted, the defendant faces up to 15 years in prison.

DA Donnelly said that, according to the charges, the defendant’s father, a Long Beach resident, was the sole account holder of a bank account in which he received his NYSLRS pension via direct deposit.

The pensioner died on November 11, 2019, at which time all benefits should have ceased. After his death, pension deposits continued to be made into the checking account totaling $79,943.

In June 2022, the defendant reported to NYSLRS that his father had died in 2019 and pension payments were terminated.

The charges are merely accusations, and the defendant is presumed innocent until and unless found guilty.

From Nassau DA