Elmo man sentenced for stealing dead mother’s benefits

MISSOULA — A federal judge this week sentenced an Elmo man to three years in prison and ordered $95,722 restitution for stealing his deceased mother’s Social Security benefits and underreporting his income and assets to receive Social Security Administration benefits, U.S. Attorney Jesse Laslovich said.

The defendant, Gerry Alen Albus, 64, pleaded guilty in May to theft of government money and Social Security fraud as indicted.

U.S. District Judge Donald W. Molloy presided. The court also ordered three years of supervised release after incarceration. Albus was ordered to self-report to the Bureau of Prisons.

In court documents, the government alleged that in May 2015, Albus was approved to receive Supplemental Security Income benefits from SSA and was advised of his legal obligation to accurately report his income, resources and household composition. In October 2016, Albus reported to SSA that he had moved to Elmo, lived alone and paid rent to his landlord, when in fact, he did not pay rent and his landlord was his romantic partner. In 2017, Albus and his partner converted his partner’s property into a dog grooming business.

The government further alleged that Albus did not disclose his ownership interest in property he co-owned in Florida with his mother or proceeds from the sale of the property in June 2017. Albus’ mother died in March 2017, but SSA continued to send her monthly payments until it learned of her death through this investigation. From March 2017 until November 2021, Albus took his mother’s SSA payments and used them for his personal expenses. Albus also failed to report other assets, including three vehicles, several bank accounts and proceeds from the dog grooming business.

In a May 2022 interview with SSA special agents, Albus admitted he took his mother’s benefits after her death because he felt he was “entitled” to them. SSA determined Albus received approximately $60,627 in SSI benefits for which he was ineligible and stole an additional $59,535 in SSA funds intended for his mother.

The U.S. Attorney’s Office prosecuted the case. The SSA Office of Inspector General and Montana Division of Criminal Investigation conducted the investigation.