Posted Monday, October 1, 2012 --- 5:15 p.m.
From the Department of Justice:
Madison, Wis. - John W. Vaudreuil, United States Attorney for the Western District of Wisconsin, announced that Shane Plumley, 27, Madison, was sentenced on Friday, September 28, by U.S. District Judge William M. Conley to 21 months in prison for making false statements to the Social Security Administration.
Plumley pleaded guilty to this charge on July 31, 2012.
Plumley was also ordered to pay $16,118 in restitution, which represents the amount of benefits Plumley received while incarcerated.
The defendant had been receiving Supplemental Security Income (SSI) since 1992.
SSI provides a nominal stipend to SSI recipients.
Quality control checks, or “redeterminations,” are periodically conducted to ensure a SSI recipient continues to qualify for benefits.
Redetermination interviews can be conducted via mail, over the
phone, or in person interviews with a claimant/recipient. An incarcerated claimant is not eligible for SSI benefits while imprisoned for more than 30 days.
Plumley was aware he was not entitled to SSI benefits if he was incarcerated for more than 30 days.
He was also aware that he was required to notify the SSA of any period of incarceration greater than 30 days.
Plumley was incarcerated between December 17, 2008, and December 28, 2010.
During this time, Plumley received SSI benefits totaling $16,118. In late March 2011, the SSA contacted Plumley to conduct a redetermination interview over the phone.
The SSA representative asked Plumley if he was incarcerated. Plumley denied being incarcerated.
A SSA Form 795 was sent to Plumley to memorialize the conversation. The form contained the following statement: “I have not been in an institution from September 2008 through March 2011. I was not incarcerated.”
Plumley signed the SSA form 795 under the penalty of perjury clause. At the time Plumley signed the form he knew it contained a false statement--that is, Plumley knew he was actually incarcerated from December 2008 until December 2010.
Plumley’s SSI benefits were direct deposited into his account at Oakdale Credit Union.
While incarcerated, Plumley wrote to Oakdale and requested that a cashier’s check be sent to him at Jackson Correctional Institution.
The money was then placed in Plumley’s prison account. A cashier’s check from Oakdale was deposited into Plumley’s prison account every month. Plumley said he used the money for phone calls from prison, food and clothes, and sending money to his mother and sister.
The charges against Plumley were the result of an investigation conducted by the Social Security Administration, Office of Inspector General. The prosecution of the case has been handled by Assistant U.S. Attorney Munish Sharda.