A Florida resident has been sentenced to five years of probation and ordered to pay nearly $80,000 in restitution after being convicted of identity theft related to the theft of his deceased father’s New York State pension payments. Richard Gaines Jr., 55, from Daytona Beach, pleaded guilty in May to first-degree identity theft.
The sentencing was announced by New York State Comptroller Thomas P. DiNapoli and Nassau County District Attorney Anne T. Donnelly. According to authorities, Gaines Jr.’s father worked for the Nassau County Bridge Authority for 29 years before retiring in 1996 and receiving monthly state pension payments via direct deposit. After his father’s death on November 9, 2019, all pension payments were supposed to stop.
However, investigators found that Gaines Jr. failed to inform the retirement system of his father’s death for three years and used his father’s debit card to withdraw a total of $79,0845.59 from the account between 2019 and 2022. He was not listed as an account holder on the checking account where the funds were deposited.
Gaines Jr. spent about $2,484 at businesses in Nassau County and made ATM withdrawals in New Jersey, Georgia, and Florida.
“Richard Gaines’ conviction should serve as a clear warning to anyone who considers stealing from the New York state retirement system that they will be caught and prosecuted no matter where they live,” DiNapoli said. “My thanks to District Attorney Donnelly for her partnership in helping to protect our pension system from fraud.”
“Richard Gaines shamelessly stole tens of thousands of dollars from the New York State pension system by taking money that was never his,” Donnelly said. “Our retirement system is built to protect hardworking employees who earned their pensions over years of service, not thieves who have the audacity to pilfer from a deceased parent. This sentence serves as a reminder that anyone who tries to abuse it will face consequences.”
Gaines Jr.’s sentence was handed down by Judge Colin O’Donnell in Nassau County Court.
Since assuming office in 2007, Comptroller DiNapoli has prioritized combating public corruption and encourages individuals with information about fraud involving taxpayer money or government programs to report tips through various channels including a toll-free hotline or email.
