Nashuan pleads guilty to fraud

Man falsified claims to obtain disability benefits

CONCORD – Kenneth Dunn, 60, of Nashua, pleaded guilty to making false statements to obtain federal employee disability benefits, according to U.S. Attorney Scott Murray.

According to documents and statements made in court, Dunn began working as a rural letter carrier in April 1985. In November 2010, Dunn began to receive disability benefits due to employment-related injuries to his neck, back, and arm. While receiving the disability benefits, Dunn repeatedly reported that he was unable to work in any capacity and he was not engaged in any employment activity.

However, from 2010 through 2017, Dunn apparently conducted thousands of transactions related to the purchase and sale of comic books on the internet, and failed to report the business activity. In addition, a Special Agent from the U.S. Postal Service-Office of Inspector General observed Dunn engaged in physical activities inconsistent with his reported symptoms and alleged total disability.

The activities included: entering and exiting his car; clearing substantial amounts of snow off, and from around, his car; driving; walking up and down a flight of 30 stairs; conducting personal and business-related errands for several hours; and lifting and carrying items of various size, shape, and weight. Dunn was able to perform these tasks without any apparent physical

limitation, pain, or discomfort and in conflict with medical documentation from Dunn’s treating physician.

At a Comicon event in Manchester in September 2016, Dunn set up a vendor booth and repeatedly bent over to place or pick up large boxes filled with comic books. He set up and dismantled a comic book display, sold comic books for cash, and stood and sat for long periods without any apparent physical limitation or discomfort. Dunn repeated the same activities at the Comicon event in Manchester in September 2017.

The court documents also show Dunn provided false information about his physical condition to a doctor in February 2017 and March 2018, and false information about his physical condition in order to receive the disability benefits. Because of this fraudulent conduct, Dunn received disability benefits totaling $87,736 from September 2016 through July 2018.

Dunn will be sentenced on Jan. 3.

“Workers’ compensation benefits are an important source of financial support for individuals who cannot work due to their disabilities,” Murray said. “Unfortunately, some individuals seek to take advantage of the system to obtain money that they don’t deserve. In order to protect taxpayer money, we will not hesitate to prosecute those who defraud workers’ compensation or other benefit programs.”

The U.S. Department of Labor, Office of Workers’ Compensation Program provides workers’ compensation benefits to employees of the federal government, including the U.S. Postal Service, who are disabled due to injuries sustained during the course of their employment.

While receiving the benefits, a disabled employee is required to report all employment for which he or she received a salary of any kind. A disabled employee is also required to provide documentation from a medical doctor to demonstrate continued eligibility for the benefits.

The case was investigated by the U.S. Postal Service, Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Robert Kinsella.