Two Defendants Are Sentenced For Stealing Social Security Benefits

From the U.S. Attorney’s Office, Western District of North Carolina

CHARLOTTE, N.C. – Today, Dena J. King, U.S. Attorney for the Western District of North Carolina, announced that two defendants convicted for theft of Social Security Administration (SSA) benefits in separate cases have been sentenced in federal court.

Henry Lionel Barber, 77, of Charlotte, was sentenced to three years of probation, with eight months of home confinement, for theft of government funds and was ordered to pay restitution in the amount of $140,541 to SSA. According to filed court documents and court proceedings, from 2009 to 2023, Barber stole SSA survivor’s benefits which were paid monthly in the name of a deceased beneficiary. Court records show that Barber converted United States Department of Treasury checks issued to the deceased beneficiary for his own use. Barber later used ATM cards associated with a bank account in the deceased beneficiary’s name where the survivor’s benefits were direct deposited to make cash withdrawals and other unauthorized financial transactions. Barber collected approximately $140,000 in funds administered by the SSA in the form of survivor’s benefits, which he was not entitled to receive. On October 18, 2023, Barber pleaded guilty to theft of government funds.

In a separate case, Ivan Buxton Gay Jr., 81, of Huntersville, N.C., was sentenced to five years of probation, with eight months of home confinement, for theft of government funds and making a false statement on a passport application. Gay was also ordered to pay $142,000 in restitution to SSA. According to court records in this case, as early as 1992, Gay stole the identity of Alvin Vincent Lee, an infant that died in the 1940’s. Gay used Alvin Vincent Lee’s information, including a birth certificate, to fraudulently obtain a North Carolina Driver’s License and a Social Security card under Alvin Vincent Lee’s name. Court records also show that, in 2006, Gay applied for and began to receive retirement benefits and Supplemental Security Income (SSI) from the SSA under Alvin Vincent Lee’s name. In total, Gay collected approximately $142,000 in funds administered by the SSA in the form of retirement benefits and SSI. Then, in 2020, Gay applied for a United States passport using Alvin Vincent Lee’s identity, declaring under penalty of perjury that the statements and information on the application form were true and correct. In support of the passport application, Gay provided false documentation and a photograph of himself attesting that it was a correct and true photograph of Alvin Vincent Lee. On November 6, 2023, Gay pleaded guilty to theft of government funds and making a false statement on a passport application.

“Theft of social security benefits is theft of taxpayer dollars,” said U.S. Attorney King. “My Office’s prosecutions protect the integrity of the SSA programs and ensure that funds are administered to individuals qualified to receive them. I want to thank SSA-OIG for their partnership and for joining forces with my Office to accomplish our shared mission.”

In making today’s announcement, U.S. Attorney King thanked the SSA-OIG for its thorough investigation of both cases, and the U.S. Department of State’s Diplomatic Security Service for its invaluable assistance with Gay’s investigation.

The charges are the result of an ongoing effort by the U.S. Attorney’s Office in the Western District of North Carolina to deter theft of government funds and bring to justice individuals who steal government benefits that millions of Americans rely on.

The cases were prosecuted by Special Assistant U.S. Attorney (SAUSA) Eric Frick. Mr. Frick is a prosecutor with the Social Security Administration and is assigned to serve as a SAUSA with the U.S. Attorney’s Office in Charlotte, in charge of prosecuting SSA fraud cases. The SAUSA position is a reflection of the partnership between the SSA and the U.S. Attorney’s Office. 

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