Florida Man Sentenced in New Mexico for $342,000 Social Security and Veterans Affairs Fraud

Date: 
Friday, August 5, 2016
Office Affiliation: 

From the U.S. Attorney's Office, District of New Mexico:

ALBUQUERQUE – Joe Pat McFarlin, 68, of Fountain, Fla., pled guilty last week to Social Security fraud in federal court in Albuquerque, N.M.  Immediately after entering his guilty plea, McFarlin was sentenced to five years of probation and ordered to pay $342,475.08 in restitution to the Social Security Administration (SSA) and Department of Veterans Affairs (VA).

McFarlin was charged by a felony information on Aug. 21, 2015, with defrauding SSA.  The information alleged that McFarlin failed to disclose the fact that he was gainfully employed to SSA in order to obtain Social Security benefits to which he was not entitled.  The information alleged that McFarlin committed the crime in Valencia County, N.M., in May 2012.

On July 26, 2016, McFarlin entered a guilty plea to the information, and admitted that in May 2012, he sent a work activity report to SSA, which failed to disclose the fact that he was working for the Franken Oil Company and its subsidiary AB Tire Company.  McFarlin admitted that he concealed the fact that he was being paid in order to increase the amount SSA paid him in disability benefits.

In his plea agreement, McFarlin agreed to the entry of an order requiring him to pay $154,046.40 in restitution to SSA.  McFarlin also agreed to the entry of an order requiring him to pay $188,428.68 in restitution to the VA.

This case was investigated by the SSA, Office of the Inspector General and the VA, Office of the Inspector General.  Assistant U.S. Attorney Paul Mysliwiec prosecuted the case.