WATERTOWN, S.D. (KELO.com) — A former Watertown, South Dakota, woman has been indicted by a federal grand jury for Theft of Government Funds, False Statement, Concealment of Information from SSI Program, and Misuse by a Representative Payee. Marilyn Ruth Holley, age 40, was indicted on January 7, 2020. She appeared before U.S. Magistrate Judge William D. Gerdes on February 25, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The first count of the Indictment alleges that between November 19, 2015, and April 1, 2019, Holley willfully and knowingly embezzled, stole, and purloined money from Title XVI program benefits payments made to a minor child from whom Holley was a representative payee. Title XVI is administered by the Social Security Administration.
The second count of the Indictment also alleges that on or about April 5, 2016, Holley knowingly made false statements and representations in a Social Security Administration non-medical review, that is she falsely reported that a minor child was living in her home, when he was not. The third count of the Indictment alleges that between November 19, 2015, and April 1, 2019, Holley failed to disclose that a minor child had ceased to live in her home, in order to continue to receive and spend SSI benefits payments made by the Social Security Administration to her. Finally, the fourth count of the Indictment alleges that between November 19, 2015, and April 1, 2019, Holley knowingly and willfully converted the minor child’s benefits to her own use. The charges are merely accusations and Holley is presumed innocent until and unless proven guilty. The investigation is being conducted by the Social Security Administration, Cooperative Disability Investigation Unit. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case. Holley was released on bond pending trial. A trial date has not been set.
