The United States Attorney's Office

A. COURTNEY COX UNITED STATES ATTORNEY

Nine Executive Drive, Fairview Heights, Illinois 62208, Telephone (618) 628-3700

For Immediate Release AUGUST 4, 2008

WATERLOO MAN SENTENCED TO IMPRISONMENT FOR DEFRAUDING
THE SOCIAL SECURITY ADMINISTRATION AND THE DEPARTMENT
OF VETERAN’S AFFAIRS OF OVER $180,000

A. Courtney Cox, United States Attorney for the Southern District of Illinois, announced today that on August 4, 2008, RANDALL B. TIMMONS, age 45 of Waterloo, Illinois, was sentenced to serve a ten month term of imprisonment following his convictions for Concealment of Material Information from the Social Security Administration and Making False Statements to the Department of Veteran’s Affairs.

According to a factual stipulation filed at the time of TIMMONS’ guilty plea on March 21, 2008, TIMMONS served in the United States Air Force for eleven months in 1983. While moving volleyball equipment, TIMMONS sustained a service connected back injury and shortly thereafter was discharged from the Air Force. In 1984, TIMMONS applied for disability benefits from the Department of Veterans Affairs (“VA”).

The VA began paying TIMMONS benefits in 1984, initially at the 20% rate. By April, 2000, following back surgery, TIMMONS received VA benefits at the 60% level and he requested benefits at the 100% level based on Individual Unemployability. By June, 2000, TIMMONS began receiving VA benefits at the 100% level. In June, 2000, and in May, 2001, TIMMONS had spinal fusions, and in July, 2001, TIMMONS applied for, and received, Title II disability benefits from the Social Security Administration (SSA).

In approximately October, 2001, TIMMONS’ medical condition improved such that he was able to return to work. Beginning on or about October, 2001, and continuing until on or about November, 2004, TIMMONS failed to disclose medical improvement to the SSA because he knew that if he reported improvement in his medical condition his benefits could cease. Documents TIMMONS submitted to the SSA in December, 2003, falsely indicated that it was basically impossible for him to drive or ride in a car, that he was not able to walk very much, that he used a cane, and that someone else shopped for him.

The VA and the SSA conducted surveillance of TIMMONS in June and October of 2004. Agents watched TIMMONS drive, walk without a cane, do his own shopping, and do yard work for several hours.

On November 4, 2004, the VA arranged for TIMMONS to be examined by a neurologist. TIMMONS was placed under surveillance prior to the examination, and was observed driving and walking without a cane. Once reporting for examination, TIMMONS arrived walking with a cane, and in the words of the VA neurologist, “presented himself as if in agony.” TIMMONS falsely told the VA neurologist that he was unable to work, that he could only drive very short distances, that he could climb three to four steps only while holding onto a rail while pulling himself up, and that he could remain on his feet only 30 to 45 minutes without lying down.

Following release from imprisonment, TIMMONS will be on supervised release for three years and he will be required to make restitution payments totaling approximately $186,000 to the agencies he defrauded. TIMMONS produced a $20,000.00 cashier’s check at the time of sentencing, representing partial payment of the restitution due and owing.

The case was investigated by the Social Security Administration, Office of Inspector General and the Department of Veteran’s Affairs, Office of Inspector General. The case was prosecuted by Assistant United States Attorney Suzanne M. Garrison.