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Date: 05-26-2021
Case Style:
Case Number: 1:21-cr-00079-PB-1
Judge: Paul J. Barbadoro
Court: United States District Court for the District of New Hampshire (Merrimack County)
Plaintiff's Attorney: United States District Attorney’s Office
Defendant's Attorney:
Description: Concord, New Hampshire criminal defense lawyer represented Defendant, David Johnson, 35, of Manchester, who was charged with making false statements to obtain Social Security benefits.
In December of 2013, Johnson applied for Supplemental Security Income (SSI) through the Social Security Administration (SSA). Because SSI is need-based, the SSA considers various factors such as marital status when determining eligibility and calculating the benefit amount. When he applied for SSI benefits, Johnson agreed to report certain changes, including a change in marital status.
Johnson married his spouse in April of 2014 and was required to notify the SSA of his marriage by May 10, 2014. However, Johnson did not disclose his marriage to the SSA. During subsequent SSI redeterminations in 2015 and 2016, Johnson falsely represented to the SSA that he was unmarried. Due to his concealment of his marriage, Johnson received over $32,000 in SSI benefits that he was not entitled to receive.
Johnson is scheduled to be sentenced on September 13, 2021.
“Supplemental Security Income benefits provide important financial support for needy individuals,” said Acting U.S. Attorney Farley. “Unfortunately, there are those who lie or cheat to obtain benefits that they are not entitled to receive. In order to protect the integrity of this important federal program, we work with the Inspector General of the Social Security Administration to investigate and prosecute those who commit fraud to obtain SSI benefits.”
This matter was investigated by the Social Security Administration’s Office of the Inspector General. The case is being prosecuted by Special Assistant U.S. Attorney Alexander S. Chen and Assistant U.S. Attorney Matthew T. Hunter.
False Statements, 18 U.S.C. 1001(a)(1), which provides:
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
Outcome: 05/27/2021 NOTICE OF HEARING as to David Johnson. Sentencing set for 9/13/2021 10:00 AM before Judge Paul J. Barbadoro.The court has allotted 1/2 hour for the hearing. Please contact the court immediately if you anticipate the hearing will exceed the allotted time. Any motion seeking a departure or variance, as well as any sentencing memorandum, shall be filed 10 days prior to the sentencing date. Any response shall be filed 4 days prior to sentencing date.(vln) (Entered: 05/27/2021)
05/27/2021 4 WAIVER OF INDICTMENT by David Johnson. (vln) (Entered: 05/27/2021)
05/27/2021 5 ORDER Setting Conditions of Release as to David Johnson. So Ordered by Judge Paul J. Barbadoro. (vln) (Entered: 05/27/2021)
Plaintiff's Experts:
Defendant's Experts:
Comments: