United States v. James Barry O'Brien

O’Brien was convicted by a jury of making false statements to the Social Security Administration, a felony. He makes three assignments of error: (1) the court abused its discretion in rejecting his guilty plea to the charge of fraudulently misrepresenting his Social Security number, a misdemeanor, (2) the court improperly admitted proof of acts and omissions occurring after the offenses charged, and (3) the court allowed testimony of calculations, based on documents not in evidence, which were offered to prove that appellant received amounts of money substantially beyond those to which he was entitled. We affirm.

FACTS

O’Brien began to receive Washington State welfare payments in 1970 based on an allegedly disabling back problem. On January 1,1974, he was converted from the state program to the federally funded Supplemental Security Income Program (SSI).

SSI was established to provide for the aged, blind, and disabled. An applicant’s income is relevant in determining eligibility and one is ineligible for disability payments if his injury does not prevent him from working.

Recipients of benefits under SSI must complete periodic eligibility redetermination forms, reporting any…