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Woman hid mother-in-law’s death to steal $450,000 in retirement benefits, feds say

A Georgia woman hid her mother-in-law’s death to steal her retirement benefits, feds say.
A Georgia woman hid her mother-in-law’s death to steal her retirement benefits, feds say. Jonathan Borba via Unsplash

A woman “took advantage” of her mother-in-law’s death to steal more than $450,000 in retirement benefits, officials said.

The woman, 49, of Morrow, Georgia, served as her mother-in-law’s caretaker and started stealing retirement benefits meant for her from the Social Security Administration and the New York State Local and Retirement System after she died in 2006, according to federal prosecutors.

She’s accused of hiding her mother-in-law’s death for over 14 years — leading both agencies to continue depositing funds in her bank account which the woman had access to after previously taking care of her financial affairs, prosecutors said.

Now she’s facing charges of wire fraud and theft of government funds, the U.S. Attorney’s Office for the Northern District of Georgia announced on Feb. 23.

McClatchy News contacted the woman’s attorney on Feb. 24 and didn’t immediately receive a response.

“The defendant callously took advantage of her mother-in-law’s death to profit at the expense of New York’s retirement system and the Social Security Administration,” New York State Comptroller Thomas P. DiNapoli said in a statement.

The woman’s mother-in-law, Minnie Smith, worked for the New York State Insurance Fund from 1985 until she retired in 2005 and moved to Georgia to live near her family, according to a news release from DiNapoli’s office. She died a short time afterward on Sept. 14, 2006.

Following Smith’s death, her daughter-in-law kept her bank account active as retirement benefits were regularly deposited, prosecutors said. No one, including the woman, reported Smith died.

Smith’s money was withdrawn almost immediately by the daughter-in-law after being deposited up until 2021, according to officials.

She is charged with 20 counts of wire fraud and 10 counts of theft of government funds, according to the release.

When she was caught and confronted by federal investigators, she admitted she was aware the hundreds of thousands of dollars wasn’t meant for her, prosecutors said.

DiNapoli said officials are planning on seeking full restitution, meaning there’s a possibility the woman could be ordered to repay the exact amount she stole, according to prosecutors.

Overall, $194,351 in stolen Social Security benefits and $264,699 in New York retirement benefits were deposited into Smith’s bank account, officials said. The payments should’ve stopped when she died.

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This story was originally published February 24, 2023 at 1:21 PM with the headline "Woman hid mother-in-law’s death to steal $450,000 in retirement benefits, feds say."

Julia Marnin
McClatchy DC
Julia Marnin covers courts for McClatchy News, writing about criminal and civil affairs, including cases involving policing, corrections, civil liberties, fraud, and abuses of power. As a reporter on McClatchy’s National Real-Time Team, she’s also covered the COVID-19 pandemic and a variety of other topics since joining in 2021, following a fellowship with Newsweek. Born in Biloxi, Mississippi, she was raised in South Jersey and is now based in New York State.
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