U.S. DOJ Charges Missouri Nursing Home’s Social Services Director with Identity Theft from Elderly Residents

Healthcare Compliance Perspective:

Suspicious activity that could potentially alert staff to identity theft can include, but is not limited to, requesting for new or additional accounts shortly after change of address or providing any information on one form that is inconsistent with information already in the records. A policy and procedure should be created for identifying, investigating, and responding to identity theft in skilled nursing facilities.

A 37-year-old social services director for a nursing home in St. Louis, Missouri was indicted last week on seven counts of identity theft and two counts of aggravated identity theft.

The indictment alleges that between 2015 and 2016, while employed as a Social Services Director at an area nursing home, the man was responsible for purchasing items for the residents from funds maintained in their personal accounts. He would purchase items from companies through the internet on behalf of nursing home residents who were over the age of 60. Then, he would return some of the merchandise and the vendor would mail the refund checks to the nursing home’s address made payable to the elderly nursing home residents. The social services director intercepted the refund checks, forged the residents’ names as endorsements and deposited the refund checks into his personal bank account.

The man also impersonated an elderly resident during a telephone call with the Social Security Administration; and, based on information provided by him, the administrative agency unwittingly changed the resident’s direct deposit information to Smith’s personal bank account. Social Security payments for that resident were then deposited into the man’s personal bank account.

If convicted, identity theft carries a maximum penalty of 15 years in prison and a $250,000 fine on each count and aggravated identity theft carries a mandatory two-year term of imprisonment. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.