A 58-year-old Binghamton woman, Joy LaBarr, was charged with stealing nearly $32,000 in New York State pension payments intended for her deceased father-in-law, State Comptroller Thomas P. DiNapoli and Broome County District Attorney Michael A. Korchak announced today.
“The defendant allegedly took advantage of her father-in-law’s death to personally profit, buying clothing, making online purchases, and taking out cash from the deceased’s bank account,” DiNapoli said. “Thanks to the work of my investigative team and Broome County District Attorney Korchak, she will answer for her crimes.”
LaBarr’s father-in-law, Jack Burnett, retired in 2006 from the Binghamton Housing Authority. Under the pension option he chose, his wife was to continue receiving payments after his death. However, she predeceased him, so payments should have stopped upon his death in December 2020. No one from the family reported his passing.
The state retirement system became aware of Burnett’s death in July 2022 and stopped payments. After the payments stopped, LaBarr called the retirement system falsely claiming that Burnett was alive but was unable to personally come to the phone because he was hard of hearing. She then inquired about the stopped July payment in an effort to have payments resumed.
LaBarr lived in the home with Burnett prior to his death and admitted to investigators to having used Burnett’s debit card after his death and making the call to the retirement system. In addition to ATM cash withdrawals, LaBarr used the stolen funds to purchase clothing, make other online purchases, and pay her mortgage. A total of 19 monthly electronic deposits were made into the bank account after the date of death, totaling $31,872.55
LaBarr was charged with grand larceny. She was arraigned before Judge Carol Cocchiola in Broome County Court. She is due back in court on Jan. 12.
The charges against the defendant are merely accusations and the defendant is presumed innocent until and unless proven guilty in a court of law.
Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at https://www.osc.ny.gov/investigations, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.