11/19/2009

News / Toms River Woman Charged With Theft for Diverting Part of Her Mothers Social Security And Pension Income

TRENTON - Attorney General Anne Milgram and Division of Criminal Justice Director Deborah L. Gramiccioni announced that a Toms River woman has been indicted for allegedly stealing monies that her mother received from Social Security and a pension plan.

According to Acting Insurance Fraud Prosecutor Riza Dagli, Laura Lembo, 46, of Toms River, was charged yesterday (Nov. 17) with third-degree theft by unlawful taking or disposition.

The Ocean County grand jury indictment alleges that between May 2006 and October 2008, Lembo exercised unlawful control of the property of her 80 year-old mother, a Medicaid recipient. An investigation determined that Lembo, who had power of attorney over her mother’s income – including her monthly Social Security and pension checks – allegedly failed to remit all of her mother’s income to the nursing care facility in which her mother resided. As a condition of continued Medicaid eligibility, this income, minus a small personal needs allowance, must be paid to the facility to partially cover the cost of the mother’s ongoing care. The investigation revealed that during the time in question, this income was $40,052.88 but, of this amount, Lembo allegedly paid the facility only $21,233.13 and kept the remainder for her own use.

Detective Anthony Iannice and Deputy Attorney General William Hoyman, Jr. were assigned to the investigation. DAG Hoyman presented the case to the Ocean County grand jury.

The indictment is merely an accusation. The defendant is presumed innocent until proven guilty beyond a reasonable doubt. Third-degree crimes carry a maximum sentence of five years in state prison and a criminal fine of $15,000.

http://www.nj.gov/oag/newsreleases09/pr20091118c.html

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