Clearwater police officer arrested on pension fraud, theft charges

An 11-year veteran officer with the Clearwater Police Department was arrested for exaggerating the effects of an injury in order to collect nearly $12,000 in benefits from the city, according to a police news release and records of arrest.

Scott Penna, 35, was arrested Thursday and taken to the Pinellas County Jail on criminal charges of fraud scheme, pension fraud and grand theft. Bail for the charges was set at $10,500 and Penna left the jail about 40 minutes later, records show.

Penna, who was hired in February 2013 and worked as a patrol officer, injured his arm on Jan. 18, 2023, while removing an “uncooperative subject” from the back of his patrol vehicle. An initial report of the injury indicated he had worked the remainder of his shift and was not expected to miss work, the news release said.

Penna, who has performed light duty since his injury, has undergone two surgeries on his right arm, according to a criminal complaint. His first surgery took place on May 30, 2023, and a doctor cleared him to return to duty on July 7, according to court records. He underwent a second surgery on August 22 after complaining of pain in his right elbow.

After his second surgery, a doctor noted that Penna would likely be out of work for one to two weeks, followed by light duty for about three months before being re-evaluated for full duty. The complaint says the reassessment would likely take place around December 2023.

At a post-surgery follow-up appointment on September 1, Penna told a doctor that he had “persistent nerve pain” that was preventing him from sleeping, and he said the medications weren't helping. The doctor referred Penna for pain management and physical therapy services.

During a Nov. 15 appointment, Penna said pain management had little impact. The doctor noted that Penna “had regained full extension with virtually no elbow pain and some numbness at the incision site” and that the persistent pain was nerve pain.

One study indicated “a reason for little finger numbness” but did not explain the severe pain Penna reported. The doctor noted that the pain could be from carpal tunnel syndrome, “which is unrelated to this workers' compensation claim,” the complaint states. The doctor recommended that Penna continue to manage the pain.

In December, Penna met with Todd Morrone, director of Clearwater's risk management division, and expressed concerns about his ability to provide his own transportation to and from work.

According to the complaint, Penna was not allowed to use his Clearwater police cruiser while performing light duty, and his wife needed his personal vehicle to take their children to and from school and manage other household needs. Penna said he borrowed a neighbor's vehicle to get to and from work, but the vehicle wouldn't be available much longer.

Morrone told investigators that Penna requested to stay home and receive workers' compensation instead of working light duty. Morrone consulted with Clearwater Police Maj. Todd Johnson and confirmed that Penna was required to perform light duty and that transportation was Penna's own responsibility.

On February 5, Penna told Johnson that he would no longer have a vehicle to get to and from work and that he expected to be able to stay home and receive 66 percent of his salary in accident benefits. work. Johnson told Penna he needed to do light work and provide his own transportation, and he offered to change his schedule to accommodate his wife's use of the vehicle during the day.

Penna said he didn't want to work that late, then said he wasn't sure he could drive because of the medications he was taking, the complaint states.

Johnson told investigators that Penna “did not raise the issue of medications preventing him from driving until he learned he was still required to report to work regardless of his vehicle's condition,” according to the complaint.

Marrone expressed concerns that Penna could “defraud the city by trying to manipulate the system in an effort to stay home and receive workers' compensation instead of coming to work and performing light duty.” “. He authorized a private investigation agency to monitor Penna.

On February 21, a doctor noted that Penna was “unable to take medication due to sedation issues.” The doctor advised Penna to take her medication, and he noted that doing so would make Penna unable to drive.

On February 22, Penna applied for a disability pension. He claimed he could no longer do his job due to “persistent limitations in his right hand,” the press release said. Then, on March 4, Penna said he could no longer drive to work because of the medication he was taking.

The next day, surveillance of Penna began. For several days in March and April, video surveillance showed “no visible indication of pain or limitation of injury,” the complaint states. Throughout the surveillance, Penna could be seen using his right arm to wash his car, run errands and even lift weights at the gym.

During the period of surveillance, investigators noted that Penna “regularly drove his vehicle to and from various locations, sometimes several times a day, except when going to a doctor's appointment, that is- i.e. when he makes his wife drive,” the complaint states.

Investigators also noted that Penna “primarily and consistently uses his right hand/arm for everything he does, even though his left hand/arm is free.”

After reviewing video surveillance, all of the doctors who treated Penna concluded that he had misrepresented his pain, and at least one wrote that Penna appeared capable of working full-time and full-time as a police officer.

Investigators say Penna “intentionally and illegally accepted” $11,976.79 in workers' compensation while she stayed home from March 4 to May 16.

“The behaviors shown on the surveillance video were not consistent with his alleged disability and limitations,” Clearwater Police Chief Eric Gandy said in the news release.

Penna has been placed on administrative leave, where he will remain during an internal investigation.

The city's press release said Penna's actions were “an affront to officers who may actually be in need of a disability pension.”

“It’s reserved for people who really can’t do the job anymore,” Gandy said in the press release. “Officers and taxpayers contribute to the system to ensure our first responders are protected and should not have to worry about someone trying to cheat the system.”