ALBANY, NEW YORK — Denise Mitchell, age 57, and John Mitchell, age 61, of Albany, were charged today on federal charges accusing them of knowingly concealing Denise Mitchell’s employment history and submitting a false statement to mislead the Social Security Administration. (SSA) to pay Denise Mitchell disability benefits when she was not entitled to those benefits.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in charge of the Social Security Administration, Office of the Inspector General, New York Field Office.
The indictment alleges that Denise Mitchell and her husband John Mitchell, who acted as her representative beneficiary from at least June 2015 to June 2017, knowingly failed to disclose that Denise Mitchell was working to trick SSA into continuing to pay a disability benefit to Denise. Mitchell when she was otherwise ineligible for such benefits. The indictment also alleges that on June 8, 2017, Denise Mitchell knowingly made a false statement in a form filed with the SSA regarding her employment activity between August 2012 and June 2017. The charges in the indictment are merely allegations , and the accused are presumed innocent until and unless proven otherwise.
The charges against Denise Mitchell and John Mitchell carry a maximum penalty of 5 years in prison, a fine of up to $250,000 and a condition of supervised release for up to 3 years. A defendant’s sentence is imposed by a judge based on the specific statute the defendant is charged with, U.S. sentencing guidelines, and other factors.
This case is under investigation by the SSA Office of the Inspector General and is being prosecuted by US Special Assistant Attorney Adrian S. LaRochelle.