Massachusetts man steals $450,000 in disability benefits from Marine Corps veteran with ALS, U.S. prosecutors say


According to the U.S. Attorney’s Office, a New Bedford, Massachusetts man is accused of stealing more than $450,000 in disability benefits from a Marine Corps veteran diagnosed with ALS. Joseph Smith, 71, is charged with one count of theft of government benefits and one count of conspiracy to steal government benefits. Smith is currently in custody on unrelated charges and is scheduled to appear in federal court in Boston on June 11. According to investigators, shortly after the victim was diagnosed with ALS in August 2015, the U.S. Veterans Affairs Administration approved the victim’s disability benefits application and paid him approximately $8,318 per month. In September 2015, the VA began paying his benefits by mailing monthly checks to Smith’s former New Bedford home, where he lived with relatives before his hospitalization. According to investigators, from approximately 2015 to 2020, while the victim was hospitalized with ALS, Smith and others received monthly VBA disability checks intended for the victim and deposited the checks into bank accounts they controlled. In total, Smith and others allegedly stole more than $450,000 in VBA disability payments intended for the victim. “The theft of disability benefits intended for a 20-year veteran facing a life-threatening illness, as alleged here, is outrageous. The immorality exposed by the criminal justice system is sometimes shocking,” said Acting U.S. Attorney Joshua S. Levy. If convicted, the theft of government benefits charge carries a maximum sentence of 10 years in prison, and the conspiracy to steal government benefits charge carries a maximum sentence of 5 years in prison, 3 years of probation, and a fine of $250,000. Penalties are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and statutes, which govern the determination of penalties in criminal cases.

NEW BEDFORD, Massachusetts —

A New Bedford, Massachusetts man is accused of stealing more than $450,000 in disability benefits from a Marine Corps veteran diagnosed with ALS, according to the U.S. Attorney’s Office.

Joseph Smith, 71, has been charged with one count of theft of government benefits and one count of conspiracy to commit theft of government benefits. Smith is currently in custody on unrelated charges and is scheduled to appear in federal court in Boston on June 11.

According to investigators, shortly after the victim was diagnosed with ALS in August 2015, the VA approved her application for disability benefits and provided her with monthly payments of approximately $8,318. In September 2015, the VA began mailing monthly checks to the victim’s former home in New Bedford, where she had been living with Smith’s relatives before her hospitalization.

According to investigators, between 2015 and approximately 2020, while the victim was hospitalized with ALS, Smith and others received monthly VBA disability benefits intended for the victim and deposited them into a bank account they controlled.

In total, Smith and his associates are accused of stealing more than $450,000 in VBA disability benefits intended for the victims.

“The theft of disability benefits from a 20-year veteran facing a life-threatening illness, as alleged here, is outrageous. The immorality uncovered by our criminal justice system is, at times, simply staggering,” said Acting United States Attorney Joshua S. Levy.

If convicted, the theft of government benefits charge carries a maximum sentence of 10 years in prison, and the conspiracy to steal government benefits charge carries a maximum sentence of 5 years in prison, 3 years probation, and a fine of up to $250,000. Penalties will be imposed by a federal district court judge under the U.S. Sentencing Guidelines and statutes that govern sentencing in criminal cases.



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