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Massachusetts Man Sentenced for Stealing Veteran’s Benefits

A Massachusetts man has been convicted for orchestrating a scheme to pilfer over $450,000 from a hospitalized U.S. Marine Corps veteran. This veteran, who served for two decades, was afflicted with ALS, a progressive disease affecting the nervous system, leaving him vulnerable to such exploitation.

The U.S. Attorney’s Office for the District of Massachusetts revealed that Joseph Smith, 71, along with accomplices, engaged in the systematic theft of disability benefits allotted to the veteran from 2015 to 2020. These funds, intended to aid the veteran during his battle with ALS, were instead diverted for personal use by Smith and his cohorts.

According to prosecutors, Smith and others intercepted the veteran’s disability checks, depositing them into various bank accounts, including one fraudulently set up in the veteran’s name. The stolen checks were used for personal expenses, highlighting a blatant disregard for the veteran’s circumstances.

Smith, a resident of New Bedford, has received a prison sentence of one year and 11 months. Additionally, he has been ordered to repay $459,550.86 in restitution, as per a news release from the U.S. Attorney’s Office dated January 17.

U.S. Attorney Joshua S. Levy stated, “Stealing from a Marine Corps veteran who bravely served for 20 years as he battled a devastating illness is about as low as it gets.” A request for comment from Smith’s federal public defender was not immediately returned.

A Missing Briefcase and Identity Theft

The legal battle began when Smith was charged in June, following an affidavit detailing his involvement. At the time, Smith was receiving Social Security retirement benefits and lived opposite the veteran. Before the veteran’s hospitalization, he shared a home with his brother and a member of Smith’s family, both of whom were implicated as co-conspirators.

In May 2016, the veteran instructed his daughter to collect personal items from his residence, including a briefcase containing essential documents like his Social Security card and military paperwork. Despite her efforts, the briefcase was never found, leading to further investigations.

In May 2020, a police officer discovered the veteran’s Social Security card and ID card with the veteran’s brother and Smith’s family member, as they attempted to reopen a bank account in the veteran’s name.

Prosecution and Sentencing

Smith admitted to charges of theft of government benefits and conspiracy to commit theft. Before sentencing, his attorney, Joshua Hanye, portrayed Smith’s actions as influenced by a longstanding addiction to crack cocaine. Hanye noted that Smith’s addiction had persisted for over 30 years, and his arrest in late 2020 for a cocaine-related offense had disrupted this pattern.

Although Hanye advocated for a shorter sentence of 18 months, the court ultimately imposed a longer term. The sentencing memorandum credited Smith for acknowledging his crimes while underscoring the severity of his actions.

Ketty Larco-Ward, an inspector with the U.S. Postal Inspection Service, emphasized the gravity of the crime: “Joseph Smith egregiously stole a disabled veteran’s benefits to enrich himself,” labeling his actions as an “appalling crime.”

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