Bennett family guilty

Kim Smith

Thursday, April 12, 2001 | 10:35 a.m.

Three family members of a man who faked his death in 1994 to avoid going to trial were convicted Wednesday of conspiracy to defraud the government.

Arthur Bennett's mother and two brothers could be sentenced to up to five years in federal prison.

Assistant U.S. Attorney Ray Rukstele convinced jurors that Ellen Bennett, 69, Scott Bennett, 41, and David Bennett, 43, conspired to fake Arthur Bennett's death, then collected about $300,000 in life insurance and Department of Veterans Affairs and Social Security benefits.

In addition to facing up to five years each, the three family members could be fined as much as a $250,000.

They are scheduled to be sentenced by U.S. District Judge Philip Pro Aug. 17.

Arthur Bennett committed suicide in the Clark County Detention Center in July 1999. Prosecutors contend that on Feb. 3, 1994, Bennett staged his own death in a trailer explosion and fire. Bennett, in the Marine Corps at the time, was facing a court-martial on child-molestation charges related to incidents at two bases.

A body burned beyond recognition was found in the charred trailer in a remote area near Lake Mead. It later was identified by Marine Corps investigators as Bennett. Just whose body it was remains a mystery.

Bennett, calling himself Joe Benson, started a new life with his ex-wife and three daughters in Hurricane, Utah.

However, his fetish for children caught up with him again, and he was arrested in 1996 on molestation charges. He was convicted and sentenced to 45 years in prison.

The connection to the Lake Mead fire was made when Utah authorities ran his fingerprints through a national database after his arrest.

Bennett died while awaiting trial on additional sexual assault charges and charges relating to the fatal trailer fire. Prosecutors had intended to seek the death penalty. Bennett's former wife, Amelia Bennett, 47, entered a plea agreement in December and is awaiting sentencing.

Prosecutors alleged she knew of the conspiracy but failed to report it. They said they believe Amelia Bennett did not know of the scheme to fake her husband's death until days after the fire and may have feared losing her children if she did not cooperate.