New York State Comptroller Thomas P. DiNapoli and Nassau County District Attorney Anne T. Donnelly announced the son of a Long Island state pensioner pleaded guilty today to identity theft in connection with his theft of nearly $80,000 in pension payments. The defendant, Richard Gaines Jr., 55, of Daytona Beach, Florida was arrested in November 2024 following an investigation by DiNapoli’s office.

“Mr. Gaines Jr. tried to profit off of his deceased father’s nearly 30 years of public service,” DiNapoli said. “My office prioritizes protecting our pension system and members from fraud and abuse. My thanks to District Attorney Donnelly for her partnership in ensuring those who steal public funds are held accountable.”

“Richard Gaines Sr. was a dedicated public servant who rightfully earned his pension for nearly 30 years of service to the State of New York. After his death, this defendant dishonestly stole his father’s identity and tens of thousands of dollars of his father’s pension benefits that he had no claim to,” said District Attorney Donnelly. “Public employees work hard knowing that the benefits they earn will ease their retirement. This defendant, motivated by his own greed, tried to take advantage of this system, and with our partners at the New York State Comptroller’s Office, we held him accountable for his crimes.”

The defendant’s father worked for the Nassau County Bridge Authority for 29 years before retiring in 1996. He received state pension payments monthly via direct deposit into his checking account. He died on Nov. 9, 2019 and all pension payments were to end, but DiNapoli’s investigators found Gaines Jr. used his father’s debit card to steal $79,0845.59 in benefits deposited into the account from 2019 to 2022. Gaines Jr. was not an account holder on his father’s checking account and did not report his father’s death to the New York State Local Retirement System until June 2022, at which time payments were stopped.

Gaines Jr. used about $2,484 of the money he stole to make personal purchases at Nassau County businesses. He also made ATM withdrawals in New Jersey, Georgia and Florida.

Gaines Jr. pleaded guilty to identity theft in the first degree in Nassau County Court before Judge Colin O’Donnell. He is due back in court on July 17.

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 emailing a complaint to [email protected] or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.