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Hancock County man sentenced for theft of black lung benefits

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Saturday, May 10, 2025

Hancock County man sentenced for theft of black lung benefits

Attorneys & Judges
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Randolph J. Bernard Acting United States Attorney for the Northern District of West Virginia | U.S. Attorney for the Northern District of West Virginia

Gary Barber, a 75-year-old resident of Weirton, West Virginia, has been sentenced to three years of probation for theft involving public money. This decision was made in Wheeling, West Virginia.

Court documents reveal that Barber's father, a coal miner, was initially awarded Black Lung benefits. After his father's death, these benefits were transferred to Barber's mother. When her health declined, Barber became the payee for these benefits. However, following his mother's passing, he continued to claim the benefits fraudulently for nearly ten years by falsely reporting that the funds were used for her care. In total, Barber collected $85,604 from the US Trust Fund under false pretenses.

Barber is required to repay $85,604 in restitution.

"Gary Barber engaged in a scheme to embezzle more than $85,000 in Black Lung benefits administered by the U.S. Department of Labor’s (DOL) Office of Workers’ Compensation Programs (OWCP). Barber stole money intended for injured coal miners and their survivors who were eligible for those vital resources. We will continue to work with our law enforcement partners and OWCP to protect the integrity of DOL benefit programs," stated Syreeta Scott, Special Agent-in-Charge of the Mid-Atlantic Region at the U.S. Department of Labor's Office of Inspector General.

The case was prosecuted by Assistant U.S. Attorney Jennifer Conklin on behalf of the government and investigated by the U.S. Department of Labor Office of Inspector General.

U.S. District Judge John Preston Bailey presided over the proceedings.

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