Date: 11-12-2024

Case Style:

United States of America v. Michael Sylvara

Case Number:

Judge: Roseann A. Ketchmark

Court: The United States District Court for the Western District of Missouri

Plaintiff's Attorney: The States United Attorney’s Office for Kansas City

Defendant's Attorney:

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Description:

Kansas City, Missouri criminal defense lawyer represented the Defendant charged with Social Security Fraud, Perjury
Ozark Business Owner Sentenced for Social Security Fraud, Perjury

A former Harrisonville, Mo., man has been sentenced in federal court for Social Security fraud and for committing perjury when he testified at his trial.

Michael Sylvara, 39, who currently lives and owns a business in Ozark, Mo., but lived in Harrisonville at the time of the offense, was sentenced by U.S. District Judge Roseann A. Ketchmark on Wednesday, Nov. 6, to two years and three months in federal prison without parole. The court also ordered Sylvara to pay $42,369 in restitution to the government.

Sylvara is the co-owner of Volleyball Beach Ozark, the second largest indoor sand facility in the world, and maintains a real estate license.

On March 23, 2023, Sylvara was found guilty at trial of one count of Social Security fraud and one count of perjury.

Sylvara was originally indicted for Social Security fraud. Sylvara, who oversaw his disabled father’s Social Security benefits from 2016 to 2019, converted $42,369 of his father’s benefits to his own use. Sylvara testified in his own defense during a trial in October 2022, which resulted in a hung jury.

Sylvara was subsequently charged in a superseding indictment on Nov. 17, 2022. The superseding indictment contains the original charge of Social Security fraud and adds the perjury charge.

Sylvara was designated as the representative payee for his father, who is now deceased. As the representative payee, Sylvara was legally obligated to use all of the benefit payments to meet his father’s needs. Evidence introduced during the trial indicated that Sylvara instead converted some of his father’s benefit payments for his personal use to pay his utility, insurance and student loan bills, as well as his realtor association fees, over a period of 30 months.

A witness at the trial in October 2022 testified that she purchased basic necessities for Sylvara’s father, including clothes, underwear, socks, and a pair of shoes, without being reimbursed. She also testified that the only items in his father’s refrigerator were water, bread, cat food, and condiments. She described seeing Sylvara’s father eat cat food.

Sylvara presented testimony that he knew was false while under oath during his first trial in October 2022. Sylvara attempted to justify multiple cash withdrawals (totaling over $23,000) he made from the representative payee account. He claimed under oath he had a written agreement with the Social Security Administration that he could be paid $14 an hour for taking care of his father. Subsequent investigation showed there is no such agreement and there never has been.

This case was prosecuted by Special Assistant U.S. Attorneys Bradley Cooper, Amanda Hanson, and Courtney Pratten. It was investigated by the Social Security Administration.

Outcome:

Defendant was found guilty and sentenced to two years and three months in federal prison without parole. The court also ordered Sylvara to pay $42,369 in restitution to the government.

Plaintiff's Experts:

Defendant's Experts:

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