The son of a New York state pensioner pleaded guilty on Monday to identity theft in connection with his theft of nearly $80,000 in pension payments. The defendant, Richard Gaines Jr., 55, of Daytona Beach, Florida, was arrested in November 2024 following an investigation by State Comptroller Thomas DiNapoli’s office.
The defendant’s father worked for the Nassau County Bridge Authority for 29 years before retiring in 1996. He received state pension payments monthly via direct deposit into his checking account. He died on Nov. 9, 2019, and all pension payments were to end, but DiNapoli’s investigators found Gaines Jr. used his father’s debit card to steal $79,0845.59 in benefits deposited into the account from 2019 to 2022. Gaines Jr. was not an account holder on his father’s checking account and did not report his father’s death to the New York State Local Retirement System until June 2022, at which time payments were stopped.
Gaines Jr. used about $2,484 of the money he stole to make personal purchases at Nassau County businesses. He also made ATM withdrawals in New Jersey, Georgia, and Florida.
Gaines Jr. pleaded guilty to identity theft in the first degree in Nassau County Court before Judge Colin O’Donnell. He is due back in court on July 17.
“Mr. Gaines Jr. tried to profit off of his deceased father’s nearly 30 years of public service,” DiNapoli said. “My office prioritizes protecting our pension system and members from fraud and abuse. My thanks to District Attorney Donnelly for her partnership in ensuring those who steal public funds are held accountable.”
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