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Date: 06-22-2021

Case Style:

United States of America v. Markhwan Berning

Case Number: 1:20-cr-00379-LEK

Judge: Lawrence E. Kahn

Court: United States District Court for the Northern District of New York (Albany County)

Plaintiff's Attorney: United States District Attorney’s Office

Defendant's Attorney:


New York Criminal Defense Lawyer Directory


Description: Albany, New York misuing a social security number charge criminal defense lawyer represented Defendant, Markhwan Berning, age 37, of Saratoga Springs, New York.


Berning admitted that between May and July 2020, he obtained unemployment insurance benefits, including federal pandemic-related benefits, by falsely presenting to the New York State Department of Labor a fake social security number as his own.

This case was investigated by DOL-OIG, with assistance from the Federal Bureau of Investigation and the New York State Department of Labor, Office of Special Investigations, and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

FALSE REPRESENTATION OF SOCIAL SECURITY NUMBER, 42 U.S.C. 408 (a)(7)(B), which provides:

Outcome: At sentencing, Berning faces a maximum of 5 years in prison, a term of supervised release of up to 3 years, and a maximum $250,000 fine. Berning is scheduled to be sentenced on October 16, 2021, by Senior United States District Judge Lawrence A. Kahn. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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