Social Security official testifies that he was threatened

An official with the Social Security Administration testified yesterday that he "felt threatened" when a West Kensington man yelled obscenities at him over the phone and said he would "kick the s---" out of him.

The official, Dan Sphabmixy, also testified that he was "concerned enough for his safety" that he told a security guard at SSA's Bustleton Avenue district office about the incident.

Michael Bankoff is on trial in federal court for allegedly threatening to assault three officials at the district office in February and March 2007.

If convicted of all charges, Bankoff could face from 37 to 46 months behind bars.

Earlier, during opening arguments, Assistant U.S. Attorney Peter Hardy said that Bankoff, 28, formerly of E. Tusculum Street near B St., was angry because SSA had discovered that it had overpaid Bankoff more than $9,400 in disability benefits and that he would have to return the money.

The payments were made from April 2001 to May 2003, when Bankoff was ineligible for payments because he was in prison for a state conviction.

"This case is about three intimidating threats to hurt three people that were made in a hostile, intense manner," Hardy said.

Defense attorney James J. McHugh, Jr. said in his opening argument that the Social Security Administration had found in 1999 that Bankoff suffered from schizophrenia and other mental disorders. "He does things impulsively, without thinking and without intent," McHugh said.

Authorities said that Bankoff got angry when he was informed that he was ineligible to receive disability payments while imprisoned and that he would have to pay back the money.

On Feb. 26, 2007, he telephoned the SSA district office to dispute a decision by Sphabmixy to deny his request to waive the repayment. He allegedly threatened Sphabmixy, who had been assigned to handle Bankoff's case.

Under cross-examination, Sphabmixy admitted that he did not know the extent or nature of Bankoff's mental disability at the time that Bankoff allegedly threatened him.

Later that same day, Bankoff left two obscenity-laced tirades on Sphabmixy's voice mail, which prosecutors played for jurors yesterday.

McHugh told jurors that the messages were "rude, crude and insulting" but "not criminal."

He noted that his client later called an SSA office manager to inform her that he had left inappropriate voice mails for Sphabmixy.

Authorities contend that Bankoff told SSA officials that he intended to come to the offices on March 9, 2007.

That morning he called Crystal Brown, an SSA employee. The feds say that Bankoff told her that he would come to the office, take the security guard's firearm and "slap every woman in this place."

While Bankoff was speaking with SSA representatives on March 9, federal agents attempted to arrest him but he escaped.

He was apprehended four days later and has been in federal custody ever since. Bankoff has convictions for indecent assault and terroristic threats, and for luring a child into a motor vehicle. *