Danilo Pesce Pocketed Pension Benefits from His Deceased Neighbor for Years After His Death
New York Attorney General Letitia James today announced the arrest and arraignment of Danilo Pesce, 60, of Pelham, for stealing over $143,000 in pension benefits issued by the New York State Teachers’ Retirement System (NYSTRS) to his deceased neighbor, Jack Lee Morgan. An investigation by the Office of the Attorney General (OAG) found that after Morgan’s death in March 2020, Pesce made numerous withdrawals from Morgan’s bank account, which was funded by NYSTRS pension payments that improperly continued after his death. In total, Pesce stole $143,385 of Morgan’s pension benefits. Pesce pleaded not guilty today to Grand Larceny in the Second Degree in Albany County Court.
“Danilo Pesce undermined our retirement system by stealing pension funds that did not belong to him,” said Attorney General James. “This theft was not only heartless, but it dishonors the hardworking New Yorkers who have dedicated their lives to teaching and guiding our youth. My office will continue to prosecute those who attempt to take advantage of our retirement systems and steal from the retired New Yorkers who depend on it.”
Morgan was a NYSTRS pensioner who retired from the Pelham school district in 1991. At the time of his death in 2020, Morgan had no living beneficiary for his pension, and therefore NYSTRS payments should have ceased. However, NYSTRS was never notified of Morgan’s death and continued to make monthly payments of $3,497 to Morgan’s bank account.
Prior to Morgan’s death, Pesce allegedly acted as his caretaker. In his position as caretaker, Pesce was added to Morgan’s bank account and the deed of Morgan’s home in Pelham. The OAG’s investigation found that beginning on March 17, 2020, less than a month after Morgan’s death, Pesce regularly withdrew funds from Morgan’s bank account which he controlled. Pesce spent the money on maintenance and renovation of Morgan’s home, where Pesce and his wife were living part-time. The total amount of withdrawals from Morgan’s account totaled $143,385.
The NYSTRS became aware of Morgan’s death in April 2024 and immediately ceased payments. In total, NYSTRS had mistakenly paid out $171,879 but was able to take back $28,594 in unspent funds from Morgan’s bank account.
Pesce is charged with one count of Grand Larceny in the Second Degree, a Class C felony. If convicted, Pesce faces a maximum sentence of five to 15 years in prison.
Pesce was arraigned today before Judge Andra Ackerman in Albany County Court. These charges are merely accusations, and the defendant is presumed innocent unless and until proven guilty in a court of law.
Attorney General James is committed to holding individuals who take ad