Beckley Man Asking Government To Dismiss Case

{West Virginia}...Randy Sparks of Beckley is seeking to have the federal government dismiss his case after being accused of stealing over $10,000 worth of Title II benefits from June 2009 to April 2010 after the recipient’s death. Sparks entered a plea of not guilty during his June 3rd arraignment and was released on a $10,000 unsecured bond. On July 26th, the defense entered a motion to dismiss the indictment, stating the government lacked evidence that it had any continuing interest or control in the paid funds involved with the case and the defendant was the caregiver of the recipient and had his power of attorney. Sparks claims funeral home directors faxed a statement of death to the Social Security office, but the office continued to pay out the benefits. The motion states that Social Security “caught its mistake” later on and issued a reversal order to recoup three monthly payments. The motion also states that, at no time, did the defendant make any representations to Social Security which misled the agency into believing the recipient was still alive in order to continue the benefits. Sparks claims the government must prove that the $10,750 represented funds which belonged to the United States. Monday, U.S. Magistrate Judge R. Clarke VanDervort ordered a pretrial hearing be set for August 9th.