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December 28, 2007
Update: Pension contribution check on hold for ex-clerk
The state's treasurer has put a hold on a $14,000 pension refund check processed for a former Division of Motor Vehicles clerk who is one of two former DMV clerks arrested by state police for allegedly providing false driver's licenses to illegal immigrants.
Soraya Santiago is one of two women accused of working with two middlemen who got about $2,500 to $3,000 by each person seeking a Rhode Island license with a fake identity.
She had been an employee of the state Division of Motor Vehicles since 2000 before being fired after she was arraigned on 11 counts of conspiracy to commit identity fraud.
She then filed for refund of the $14,000 she had made in state pension contributions. Santiago did not work for the state long enough to earn a pension.
Treasurer Frank T. Caprio's office today cites a section of state law that says contributions should not be returned or ordered until the employee has satisfied any other judgments involving restitution for losses incurred as the result of a crime.
Caprio is also asking for an opinion from state Attorney General Patrick C. Lynch's office to see whether her pension contributions can continue to be held until the court case is resolved, said Peter Kerwin, spokesman for Caprio.
Caprio added that "If Ms. Santiago is fined or ordered to make restitution for any losses to the state arising from her activities, it makes no sense for the state to be paying out money to her right now."
Lynch said in a statement this evening the charges against Santiago “are serious and are directly related to her state employment. It is certainly appropriate that any funds attributable to that employment be available to compensate the state should fines or restitution be ordered. With the appropriate hold in place, both the state’s and Ms. Santiago’s rights can be protected while this case progresses through the courts."
-- projo.com staff writer Michael P. McKinney
Lynch added that his civil division's lawyers have been coordinating with Caprio’s office on the matter for more than a week. "We look forward to ensuring that our mutual efforts are consistent as my prosecutors proceed with the case against Ms. Santiago in Superior Court," his statement said.
The civil division lawyers are exploring the availability of an action through which the pension check monies can be deposited into the court registry, "where they will be distributed only by court order to the parties who are legally entitled to a recovery from or a return of them,” Lynch stated.
The attorney general's office's criminal division is screening the case against Santiago.
Last month, the Journal reported 28 people have been accused of getting fraudulent Rhode Island driver's licenses in a scam. One was arrested in New York in November. Many of the people who obtained licenses are suspected or convicted drug dealers.
Posted by Mike McKinney
at 6:45 PM | Permalink
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