Man charged with stealing veteran's ID

April 3, 2008 9:09:14 AM PDT
A Texas City man has been indicted for allegedly stealing the identity of a Vietnam War veteran and using that identity to receive health care benefits, United States Attorney Don DeGabrielle announced.An investigation led to the return of a six count indictment on March 31, 2008, charging Gerry Lynn McAfee, 52, with aggravated identity theft, four counts of health care fraud and making a false statement relating to health care matters. McAfee is presently in the Harris County Jail on unrelated charges and the US will request a court order to transfer him to federal custody to answer the charges against him.

The indictment alleges that McAfee is not a veteran and that he plotted a scheme in which he received thousands of dollars of health care benefits between December 1999 and March 2007, by masquerading as veteran. McAfee is accused of stealing the identity of a real Vietnam veteran who resides in Alabama.

Each of the four counts of health care fraud carries a maximum penalty of not more than 10 years imprisonment, upon conviction. The aggravated identity theft charge carries a mandatory statutory penalty of two years imprisonment, which must be served consecutively to any sentence imposed for a health care fraud conviction. The false statement count carries a maximum statutory penalty of not more than five years imprisonment. In addition to prison terms, each of the six counts also carry a statutory maximum fine of $250,000 fine.

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