TheTimesTribune.com, Corbin, KY

Local News

July 9, 2010

London couple charged with growing pot

Also facing allegations of illegal possession of firearms, Social Security fraud

CORBIN — By Carl Keith Greene / Staff Writer

A London couple has been indicted by a federal grand jury on charges of growing marijuana, intending to distribute marijuana, illegally possessing firearms and misrepresenting qualifications for Supplemental Security Income through the Social Security Administration.

Charles Edward Polly and Ann Marie Smith (aka Polly) were taken to the Laurel County jail by U.S. Marshals Wednesday night.

She was delivered by the marshals at about 7:30 p.m.

He was jailed at about 11:40 p.m.

Polly, 70, was charged with growing at least 100 marijuana plants, also having and intending to distribute a mixture containing a detectable amount of marijuana.

A third count charges him with illegally possessing eight firearms, “having been convicted of a crime punishable by imprisonment for a term exceeding one year.”

Those weapons included two 12-gauge shotguns, a 20-gauge shotgun, a .410-gauge shotgun, two .22-cal. rifles, a .22-cal. revolver and a .25-cal. semi-automatic pistol.

The indictment calls for forfeiture of the weapons.

Also alleged in the document is that between October 2004 and October 2009, Polly illegally accepted SSI money through Social Security.

It states that over five years he unlawfully took some $37,760.

Polly is also charged with misrepresenting to Social Security his living arrangements with Smith. He reportedly made a false statement reporting that he was a “representative payee for benefits paid” to Smith.

Smith, 40, faces two counts.

She allegedly, between March 1993 and Oct. 2009, defrauded Social Security while applying for SSI benefits totalling $65,642, to which she was not entitled.

The second count charged her with misrepresenting to Social Security her living arrangements “for use in determining her continued rights to benefits.”

Upon their arrests they reportedly lived at Raven Wood Circle in London.

Penalties for Polly for growing the marijuana could be as much as 40 years in prison and a fine of up to $2 million or, if Polly has had a prior felony drug conviction, up to life in prison or up to a $4 million fine.

On the count of possessing a substance containing marijuana, the penalty could be up to 5 years in prison and a fine of up to $250,000. With a previous felony drug conviction the penalties could double.

On the firearms count and the SSI benefits fraud counts, penalties of up to 10 years in prison and up to $250,000 could be imposed.

And the two counts regarding misrepresenting living arrangements, could each net up to five years and up to a $250,000 fine.

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