A Curry County grand jury has indicted Kathy Benavidez on charges of financial exploitation involving her developmentally disabled sister. Benavidez allegedly misused over $15,000 from her sister's Social Security account, intended for the sister's benefit as she resides in a care facility. Instead, the funds were reportedly spent on personal items, including purchases from adults-only stores, lingerie shops, and marijuana dispensaries.
Benavidez faces five felony charges: one count of exploitation and four counts of unauthorized withdrawal, theft, or use of another person's card. If convicted on all charges, she could face up to nine years in prison.
Attorney General Raúl Torrez said, "Exploiting the most vulnerable members of our communities is unconscionable. Those entrusted with caring for others, especially family, must act in their best interest—not steal from them for personal gain. My office will hold accountable anyone who violates that trust and preys on those who rely on caregivers for their wellbeing."
The New Mexico Department of Justice (NMDOJ) was alerted by the victim’s son about potential abuse and neglect. An investigation by NMDOJ’s Medicaid Fraud and Elder Abuse Bureau revealed numerous unauthorized withdrawals from the victim’s bank account using her debit card at various stores such as Adam & Eve, Victoria’s Secret, Harley Davidson, and PureLife.
This case was handled by the NMDOJ’s Medicaid Fraud and Elder Abuse Bureau (MFEAB), which receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award totaling $3,451,202 for federal fiscal year 2025. The remaining 25 percent is funded by the State of New Mexico.
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