A federal appeals court has upheld the conspiracy and theft convictions of two Nebraska brothers in a Social Security fraud case.
Timothy Shirley was sentenced last year to 21 months for conspiracy, theft and Social Security fraud. His brother, Matthew Shirley, was sentenced to 12 years for conspiracy and theft.
Prosecutors said Matthew Shirley employed his brother - paying him in cash - knowing his brother was receiving Social Security disability benefits.
The 8th U.S. Circuit Court of Appeals on Thursday rejected Matthew Shirley's argument that he stole nothing, because disability payments come from a trust fund that belongs to the individual who funds it, not the U.S. government.
It also rejected Timothy Shirley's claims that there was insufficient evidence to conviction him and that his sentence was excessive.
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