Robert Newbury, 45 of Somerset, NJ was sentenced to 30 months in federal prison and to serve two years of supervised release upon completion of his prison sentence as a result of his attempt to defraud the September 11th Victim Compensation Fund, U.S. Attorney Christopher Christie and U.S. Department of Justice Inspector General Glenn Fine announced today.

Newbury had claimed that he was injured and permanently disabled in the terrorist attack on the World Trade Centre on September 11, 2001.

Before sentencing him, US District Judge Mary Cooper determined the defendant competent to participate in court proceedings. The night before his sentencing, on May 15, 2005, Newbury suffered an apparent collapse and was hospitalized for tests.

He was treated and released but he reportedly complained of memory loss and claimed he could not remember a number of past events, including his participation in the events in question.

Judge Cooper ordered Newbury to undergo an extensive neuropsychological evaluation by an independent, court-appointed psychologist.

That psychologist concluded that there "was no evidence of physical, mental or neurological disability that would render Newbury incapable of understanding court proceedings or otherwise incompetent to participate in the sentencing."

The Compensation Fund was created by Congress after the 2001 terror attacks to help the families of victims in the attacks and also to compensate those who were injured as a result of the attacks. It is administered by a Special Master in Washington, DC and allegations of fraud are handled by the Department of Justice's Inspector General.

The fund was closed on June 15,2004, after having distributed more than $7 billion in compensation for more than 5,500 claimants.

On February 2, 2005, Newbury pleaded guilty to a once-count felony and admitted that he submitted two false claims to the VCF in early 2002, claiming that he had been making deliveries to the World Trade Centre on the morning of September 11th.

He alleged that he suffered permanent and debilitating injuries. Initially, he laid claim to an advance benefit of $50,000. His second claim was for compensation for his injuries, including family expenses until his retirement due to his permanent disability.

In total, Newbury aimed to get between $400,000 and $1 million from the VCF. He did not, however, receive a dime as investigators discovered his scheme before any payments could be made according to prosecutors.

Newbury admitted concocting and falsifying employment records, including a delivery schedule for Sept. 11, as well as medical records from doctors he claimed treated his injuries and determined he could no longer work.

He also admitted forwarding these documents to the VCF to prove his entitlement to compensation.

Finally, Newbury admitted that he was making deliveries in southern New Jersey, not in New York City, on Sept. 11, 2001, miles away from the World Trade Centres.

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