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Case 1:10-cr-00252-EGS Document 2 Filed 09/14/10 Page 1 of 5

UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA : CRIMINAL NO.: _____________


:
: VIOLATION:
v. :
: 18 U.S.C. § 641 (Theft of Government
: Money)
RALPH SINCAVAGE, :
: 18 U.S.C. § 2 (Causing an Act to be Done)
Defendant. : 18 U.S.C. § 981(a)(1)(C) &
: 18 U.S.C. § 2461(c) (Criminal Forfeiture)

INFORMATION

The United States of America charges that:

COUNT ONE

At times material to this Information:

1. The Office of Personnel Management (“OPM”) is an agency of the federal

government. Among other responsibilities, OPM manages the Civil Service Retirement System

(“CSRS”). CSRS benefits are afforded to federal employees known as “annuitants” upon retirement

from federal service. An annuitant receives CSRS benefits throughout his lifetime based on his age,

average salary, and length of federal service. Upon an annuitant’s death, CSRS benefits do not

accrue to surviving children over 22 years of age. A survivor annuity is payable only to some

spouses and some children under 22, and only upon OPM’s approval of an application from the

eligible surviving family member.

2. The defendant, RALPH SINCAVAGE currently resides in Arlington, Virginia.

RALPH SINCAVAGE’s date of birth is xx/xx/1946. RALPH SINCAVAGE is the son of Joseph

Sincavage, Sr., who was born in 1910. Joseph Sincavage, Sr. died on March 16, 1992, in Havre De

Grace, Maryland. RALPH SINCAVAGE is listed as the informant on the death certificate.
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According to the death certificate, Joseph Sincavage, Sr. and RALPH SINCAVAGE both resided

at the same address in Aberdeen, Maryland at the time of the death of Joseph Sincavage, Sr.

3. Before his death, Joseph Sincavage, Sr. received retirement annuity payments from

CSRS based on his prior service as a government truck driver. These payments were automatically

deposited into a bank account. After Joseph Sincavage, Sr.’s death, RALPH SINCAVAGE did not

notify OPM of his father’s death. Instead, RALPH SINCAVAGE took steps to defraud OPM in

order to collect Joseph Sincavage, Sr.’s annuity – an annuity to which RALPH SINCAVAGE was

not entitled.

4. Before his death, Joseph Sincavage, Sr. also received health-care benefits through

OPM. On or about November 17, 1992, RALPH SINCAVAGE cancelled his father’s health-care

benefits by forging his father’s name on a Health Benefits Cancellation Confirmation form and

mailing the form to OPM’s address in the District of Columbia. RALPH SINCAVAGE took this

action in order to increase the dollar amount of the annuity; previously each annuity payment had

been reduced by the cost of Joseph Sincavage, Sr.’s health-care benefits.

5. On or about January 1, 1993, OPM discovered the death of Joseph Sincavage, Sr. by

examining records of the Social Security Administration (“SSA”). On January 14, 1993, OPM

flagged Joseph Sincavage, Sr. in OPM’s database as being deceased, and OPM halted the annuity

payments. On January 28, 1993, RALPH SINCAVAGE contacted OPM and pretended to be Joseph

Sincavage, Sr. As a result of this phone call, OPM restored the annuity payments.

6. On occasion, OPM mailed Address Verification Letters (“AVLs”) to annuitants in

order to verify that an annuitant was still alive and that OPM had the annuitant’s correct address on

file. In three instances – in 1993, 1995, and 2005 – RALPH SINCAVAGE forged his father’s

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signature on an AVL and falsely asserted that his father was still alive, then mailed the AVL to

OPM’s address in the District of Columbia. Based on these certifications, OPM continued to pay

the annuity, which RALPH SINCAVAGE collected. On several occasions, RALPH SINCAVAGE

changed the bank account to which the annuity was directly deposited.

7. In or about October 2009, OPM again received information from SSA that Joseph

Sincavage, Sr. was dead. At this time, the annuity was being deposited in a Navy Federal Credit

Union (“NFCU”) checking account belonging to RALPH SINCAVAGE. OPM notified NFCU, and

NFCU contacted RALPH SINCAVAGE. On the next AVL, dated October 13, 2009, RALPH

SINCAVAGE signed his correct name and wrote “survivor annuity,” although he knew that he was

not entitled to such an annuity. Shortly thereafter, OPM halted the annuity payments.

8. From April 1, 1992 to November 1, 2010, RALPH SINCAVAGE collected a total

of $335,882.45 in annuity payments to which he was not entitled.

Theft of Government Money

9. From on or about April 1992 to on or about November 2010, in the District of

Columbia, defendant RALPH SINCAVAGE wilfully and knowingly did steal and purloin money,

in the form of annuity payments with a total value of $335,882.45, from an agency and department

of the United States, in violation of 18 U.S.C. §§ 641 & 2.

(Theft of Government Money, in violation of 18 U.S.C. §§ 641 & 2).

CRIMINAL FORFEITURE ALLEGATION

1. The allegations set forth in Count One of this Information are re-alleged as though

set forth fully herein and incorporated by reference for the purpose of alleging forfeiture to the

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United States of America pursuant to the provisions of Title 18, United States Code, Section

981(a)(1)(C), and Title 28, United States Code, Section 2461(c).

2. As a result of the offense alleged in Count One of this Information, the defendant,

RALPH SINCAVAGE, shall forfeit to the United States any and all property, real or personal,

constituting, or derived from, proceeds obtained directly or indirectly, as the result of theft of

government money, including, but not limited to:

Money Judgment

$335,882.45, which represents a sum of money constituting, or


derived from, proceeds obtained, directly or indirectly, as a result of
theft of government money, in violation of Title 18, United States
Code, Section 641.

3. By virtue of the commission of the felony offense charged in Count One of this

Information, any and all interest that RALPH SINCAVAGE has in the property constituting, or

derived from, proceeds obtained directly or indirectly as the result of theft of government money,

is vested in the United States and hereby forfeited to the United States pursuant to Title 18, United

States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section 2461(c). If, as a result

of any act or omission of RALPH SINCAVAGE, the property identified above:

a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third person;

c. has been placed beyond the jurisdiction of the Court;

d. has been substantially diminished in value; or

e. has been commingled with other property that cannot be subdivided without

difficulty;

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it is the intention of the United States, pursuant to Title 18, United States Code, Section

981(a)(1)(C), and Title 28, United States Code, Section 2461(c), and incorporating by reference

Title 21, United States Code, Section 853(p), to seek forfeiture of any other property of said

defendant up to the value of said property listed above as being subject to forfeiture.

(Criminal Forfeiture, in violation of Title 18, United States Code, Section 981(a)(1)(C)
and Title 28 United States Code, Section 2461(c)).

Respectfully submitted,

RONALD C. MACHEN JR.


United States Attorney
D.C. Bar No. 498610

By: ___________/s/_________________________
BRYAN SEELEY
Assistant United States Attorney
D.C. Bar No. 501681
555 4th Street, N.W., Room 5840
Washington, D.C. 20530
(202) 353-3602
Bryan.Seeley@usdoj.gov