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United States v. Scher

United States District Court, D. Hawaii

September 28, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
GREGORY SCHER, Defendant.

          ORDER DENYING MOTION TO DISMISS

          Susan Oki Mollway United States District Judge

         I. INTRODUCTION.

         The Superseding Indictment of March 9, 2016, charges Defendant Gregory Scher with allegedly fraudulent acts relating to his application for or receipt of Social Security benefits. See ECF No. 41. Scher has moved to dismiss the charges, arguing that they are duplicitous and multiplicitous. This court denies the motion.

         II. FACTUAL BACKGROUND.

         There are eight counts in the Superseding Indictment.

         Count 1 charges that, on or about October 22, 2012, in violation of 42 U.S.C. § 408(a)(2), [1] Scher knowingly and willfully made the following false statements and representations in an application for Social Security Disability Insurance benefits: 1) that, from May 2012 to July 2012, he was only employed by Watts Construction; 2) that, in 2011, he was not self-employed; 3) that, in 2012, he was not self-employed; and 4) that he did not expect to be self-employed in 2013.

         Count 2 charges that, on or about October 25, 2012, in violation of 42 U.S.C. § 1383a(a)(1), [2] Scher knowingly and willfully made the following false statements and representations in an application for Supplemental Security Income benefits: 1) that the only vehicle he owned was a 2002 GMC Envoy; 2) that his only bank accounts were checking and savings accounts with Bank of Hawaii; 3) that the balances in his Bank of Hawaii accounts were only $652.00 and $800.02; and 4) that he received or only expected to receive income in October 2012 of $1, 090.00 in unemployment compensation from the State of Hawaii.

         Count 3 charges that, on or about March 6, 2013, in violation of 42 U.S.C. § 1383a(a)(2), [3] Scher knowingly and willfully made the following false statements and representations to the Social Security Administration for its use in determining his Supplemental Security Income benefits: 1) that, as of October 1, 2012, through March 6, 2013, R.S. was living as a dependent in his household; 2) that, as of March 6, 2013, the only vehicle he owned was a 2002 GMC Envoy; 3) that, as of March 6, 2013, he only had one checking and one savings account with Bank of Hawaii; 4) that the only income received in October 2012 was $1, 090.00 from the State of Hawaii for unemployment compensation; and 5) that his last unemployment check was received from the State of Hawaii on October 19, 2012.

         Count 4 charges that, on or about March 6, 2013, in violation of 18 U.S.C. § 1001(a)(2), [4] Scher knowingly and willfully made a false statement or representation to a Social Security Administration representative that he had not worked since July 15, 2012.

         Count 5 charges that, in violation of 42 U.S.C. § 408(a)(4)(2), [5] from on or about April 11, 2013, through on or about April 15, 2014, Scher concealed and failed to disclose that his minor daughter was not living with him in an effort to fraudulently obtain Social Security Child's Insurance benefits. Count 5 also seeks a sentencing enhancement under 18 U.S.C. § 3147(1)[6] because Scher allegedly committed the offense while on pretrial release.

         Count 6 charges that, in violation of 42 U.S.C. § 408(a)(4)(1), [7] from on or about April 16, 2013, through on or about September 19, 2014, Scher concealed and failed to disclose that he was working while receiving Social Security Disability Insurance payments in an effort to fraudulently obtain those payments. Count 6 also seeks a sentencing enhancement under 18 U.S.C. § 3147(1) because Scher allegedly committed the offense while on pretrial release.

         Count 7 charges that, on or about March 3, 2014, through on or about September 16, 2014, in violation of 42 U.S.C. § 408(a)(5), [8] Scher applied for and received Social Security Child's Disability Insurance benefits for his minor child, but converted those payments for Scher's own use.

         Count 8 charges that, on or about July 20, 2014, in violation of 42 U.S.C. § 408(a)(3), [9] Scher knowingly and willfully made the following materially false statements and representations to the Social Security Administration in a Work Activity Report with respect to Scher's right to continued Social Security Disability Insurance benefits: 1) that, as of July 2012 through July 20, 2014, he did not receive any payment or benefit not disclosed to the Social Security Administration; 2) that, from September 13, 2013, through February 21, 2014, he was only employed by Kiewit Infrastructure West Co.; and 3) that cataracts rendered him legally blind.

         III ...


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