How many other agencies have similar huge fraud exposure

Another LIRR liar: Former bigwig with real hearing problem caught meddling with disability fraud

By RICH CALDER

He had a legit disability — too bad it's not the one he claimed on his sham retirement forms.

Today a former Long Island Rail Road honcho with a legit hearing disability became the latest deadbeat to cop a plea to profiting through the agency’s $1 billion disability-fraud scheme.

Donald Alevas, a former LIRR director of shop equipment, admitted in Manhattan federal court that he submitted false paperwork to the Railroad Retirement Board claiming to suffer from back and neck pain.

Alevas alleged the "pain" made it “difficult” to do his job because he had a hard time standing, walking or sitting. By doing so, he falsely qualified for $33,600 in disability benefits, hiking his yearly pension to about $89,190 — and nearly equaling the $103,000 he made in his last year on the job in 2008.

In order to claim the bogus ailments and retire at 50, Alevas, 54, of Patchogue, NY, paid off Dr. Peter Ajemian in October 2008, who was sentenced to eight years in prison in May after pleading guilty to playing a key role in the LIRR "gravy train" scheme.

Assistant US Attorney Tatiana Martins told Magistrate Judge Michael Dolinger that Alevas' case is a “little unique” compared to 28 others who’ve already been convicted for participating in the scheme — including three by a jury — because Alevas has an actual hearing disability.

But Martins said the government went after Alevas — who, at times, had difficulty hearing the judge despite using a hearing aid — because he lied about his other ailments.

Alevas could avoid jail time or face no more than six months behind bars under the terms of his plea deal with the feds. He is also facing $250,000 in fines.

After the court hearing, Alevas’ lawyer Robert Del Grosso declined comment when asked if he felt his client could have legitimately qualified for an occupational disability if he just stuck to listing his hearing problem.

However, Del Grosso said Alevas is “taking responsibility” for his actions, adding “this is a terrible thing for him to be involved in. He is a good person.”

Twenty-six people have pleaded guilty in the LIRR case, which extends to the late 1990s.

Dr. Peter Lesniewski; Marie Baran, a former manager of the Railroad Retirement Board; and former LIRR union President Joseph Rutigliano were the first to stand trial for the long-running scheme, which the FBI busted in 2011. The trio face more than 15 years in prison after being found guilty by a jury two weeks ago of mail fraud, wire fraud, health-care fraud and conspiring to defraud the federal government.

They are set to be sentenced Dec. 13.