Son Steals $80,000 From Late Father's Pension Fund: Nassau DA

MINEOLA, NY — A Florida man has been charged in a scheme to steal nearly $80,000 from his late father's pension program, the Nassau County District Attorney announced.

Richard Gaines Jr., 51, was arraigned on second-degree grand larceny and first-degree identity theft, prosecutors said.

Gaines, whose father lived in Long Beach, pleaded not guilty and was released on his own recognizance. He is due back in court on November 27.

"This defendant allegedly defrauded our state’s pension system, stealing tens of thousands of dollars of his deceased father’s pension funds to which he was not entitled," Donnelly said.

Donnelly said that, according to the charges, Gaines' father was the sole account holder of a bank account in which he received his New York State and Local Retirement System pension via direct deposit.

Gaines' father died on November 11, 2019, at which time all benefits should have ceased. After his death, Donnelly said, pension deposits continued totaling $79,943.

A subsequent investigation showed that between November 11, 2019, and May 31, 2022, Gaines allegedly made more than 130 ATM withdrawals from his deceased father’s account, totaling $45,980, using his father’s debit card and ATM personal identification number, prosecutors said.

He is also accused of using his father’s debit card for more than two dozen transactions totaling $2,484 in purchases at Nassau County businesses, including BJ’s Wholesale Club, Stop & Shop, and Wal-Mart, the Nassau D.A.'s office said.

“Mr. Gaines allegedly exploited his father’s death to pocket nearly $80,000 he was not entitled to,” State Comptroller Th0mas DiNapoli said. "I will continue to work with law enforcement across the state and country to protect the pension fund."