Arrest Of Irmo Man For Alleged Fraud And Exploitation Of A Vulnerable Nursing Home Resident

South Carolina Attorney General Alan Wilson announced that his office’s Medicaid Fraud Control Unit (SCMFCU) has arrested  Sidney Lawrence Durham, 42 years old, of Irmo, SC, for Financial Transaction Card Fraud (value over $500 in a six-month period) and Exploitation of a Vulnerable Adult, which constitute a violation of SC Code §16-14-0060(a)(2) and 43-35-0085(d), respectively. Durham was booked into the Lexington County Detention Center on 12/23/2021.

An SCMFCU investigation revealed that Durham, while employed at Twilite Manor Adult Residential Care in Cayce, SC, illegally obtained a resident’s debit card. The resident of the facility was considered a vulnerable adult under South Carolina law during the time of the alleged misconduct. Durham used the debit card to make unlawful and unauthorized use of the victim’s funds or assets, which exceeded $500 within a six-month period. Additionally, Durham faces an enhancement to the Financial Transaction Card Fraud charge as per SC Code 16-1-0057 due to his prior criminal history.

Financial Transaction Card Fraud (value over $500 in a six-month period) is a felony and, upon conviction, has a maximum penalty of five years in prison, a fine between $3,000 and $5,000, or both. Exploitation of a Vulnerable Adult is a felony and, upon conviction, carries a penalty of up to five years in prison, a fine of up to $5,000, or both, and the court may order the defendant to pay restitution. And a third or subsequent conviction of certain property crimes can result in a prison term of up to 10 years.

Pursuant to federal regulations, the SCMFCU has authority over Medicaid provider fraud; abuse and neglect of Medicaid beneficiaries in any setting; and the abuse, neglect, and exploitation of individuals residing in assisted living facilities or nursing homes. 

Attorney General Wilson stressed all defendants are presumed innocent unless and until they are proven guilty in a court of law.

The SCMFCU receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award totaling $1,927,636 for Federal fiscal year 2022. The remaining 25 percent, totaling $642,544 for FY 2022, is funded by South Carolina.

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