United States v. Kaykeo Somsamouth

Khamphouck Somsamouth and Kaykeo Somsamouth, husband and wife, appeal their convictions for making false representations of material facts to the Social Security Administration (SSA) for the purpose of retaining Supplemental Security Income benefits. See 42 U.S.C. § 1383a(a)(2). Primarily, they disagree with the conception that their statements about working were, indeed, materially false. Ms. Somsamouth also claims that she was improperly sentenced. We affirm.

BACKGROUND

For many years before this proceeding commenced, the Somsamouths collected SSI benefits on the theory that they were disabled to the point that they were unable to engage in substantial gainful activity. However, the SSA became suspicious in April of 2000 when it received an anonymous letter that accused the Somsamouths of fraud because, while receiving SSI benefits, they were working.

Prompted by that letter, Ann Shepard, a claims representative for the SSA, arranged to interview the Somsamouths. At Shepard’s request, the couple provided their own interpreter (their daughter) to translate between English and Lao. At the interview, Shepard asked the Somsa-mouths questions about any income they had received,…