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TRENTON - Attorney General
Anne Milgram and Division of Criminal Justice
Director Deborah L. Gramiccioni announced
that a Toms River woman has been indicted
for allegedly stealing monies that her mother
received from Social Security and a pension
plan.
According to Acting Insurance
Fraud Prosecutor Riza Dagli, Laura Lembo,
46, of Toms River, was charged yesterday (Nov.
17) with third-degree theft by unlawful taking
or disposition.
The Ocean County grand jury indictment alleges
that between May 2006 and October 2008, Lembo
exercised unlawful control of the property
of her 80 year-old mother, a Medicaid recipient.
An investigation determined that Lembo, who
had power of attorney over her mother’s
income – including her monthly Social
Security and pension checks – allegedly
failed to remit all of her mother’s
income to the nursing care facility in which
her mother resided. As a condition of continued
Medicaid eligibility, this income, minus a
small personal needs allowance, must be paid
to the facility to partially cover the cost
of the mother’s ongoing care. The investigation
revealed that during the time in question,
this income was $40,052.88 but, of this amount,
Lembo allegedly paid the facility only $21,233.13
and kept the remainder for her own use.
Detective Anthony Iannice
and Deputy Attorney General William Hoyman,
Jr. were assigned to the investigation. DAG
Hoyman presented the case to the Ocean County
grand jury.
The indictment is merely an
accusation. The defendant is presumed innocent
until proven guilty beyond a reasonable doubt.
Third-degree crimes carry a maximum sentence
of five years in state prison and a criminal
fine of $15,000.
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