Couple pleads not guilty to falsely receiving benefits; Facebook status allegedly ousts changed marital status

Published 10:45 am Friday, December 16, 2016

A 32-year-old Austin woman and 39-year-old Austin man pleaded not guilty in Mower County District Court to charges they falsely received $59,230.80 in overpayments through Mower County Health and Human Services after a Facebook post allegedly outed their changed marital status.

Kristina Marie Swancutt and Charles Melvin Durham each face two felony counts of wrongfully obtaining assistance, while Durham faces an additional felony county of storing methamphetamine paraphernalia in the presence of a child.

In August, the Mower County Sheriff’s Office received a welfare fraud referral from Health and Human Services because her status said she was unmarried and no other adults lived with her.

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While Health and Human Services forms indicated her marital status was single, she posted several marriage photographs of herself and Durham on her Facebook page dated to June 2013, including photos of her in a wedding gown.

She’d also given birth to a child with Durham on Jan. 5, 2014.

When approached by detectives, Swancutt said they’d had a ceremony but were not legally married. She also told police the man in the ceremony frequently stayed at her residence but did not live there.

Health and Human Services calculated $17,573.80 in overpayment for medical assistance and $41,657 in food support overpayment from February 2012 to October 2016.

She’s scheduled for a March 24, 2017, pretrial with an April 3, 2017, trial.