A Western Livestock Reporter advertising salesman who lied to get Social Security disability benefits showed up for sentencing Tuesday with a $16,179 check and an apology.

“I’m extremely sorry,” said Dwayne E. Dietz, 66, of Billings. “I accept my responsibility.”

Senior U.S. District Judge Jack Shanstrom ordered Dietz to serve two years of probation, perform 80 hours of community service and pay restitution. Dietz’s check paid the restitution in full. He faced up to six months in prison under the guidelines.

Assistant U.S. Attorney Leif Johnson, following the terms of a plea agreement, didn’t object to probation because it fell within the guideline range. But he urged the judge to send a message that stealing from the government is a serious offense.

The Dietz case, he said, “speaks volumes” about attitudes in society that view thefts from government programs as just a game. “It’s not,” he said. Johnson said it is difficult to find juries that take such offenses seriously.

Dietz was convicted once before of the same crime — defrauding the Social Security Administration to get disability benefits. This time, the amount of money Dietz stole was relatively small, and he has health problems, Johnson said. Dietz should be ordered to give back to the community though service, he said.

Dietz’s attorney, Sandy Selvey, said one year of probation was enough punishment and submitted five letters of support for Dietz. Dietz “works hard and pays taxes,” he said. Dietz also is known in the agriculture community and works with youths in the Future Farmers of America program.

In addition, Dietz now qualifies for full Social Security benefits, can work full time and not be restricted by the agency on his earnings, Selvey said.

Dietz pleaded guilty in August to Social Security fraud for a scheme that ran from August 2005 until October 2007. After his previous conviction, Dietz reapplied in 2000 and was awarded the same benefits he had received for a vision disability that left him unable to work. He signed forms saying he understood he had to notify the agency if he returned to work.

Dietz went back to work in the summer of 2005 selling ads for his friend, Pat Goggins, who owns Western Livestock Reporter. Employment records showed that Dietz and his wife, Janet, were working at the publication, even though Janet Dietz worked full time at another business and none of the newspaper’s employees remembered her working there.

In an arrangement with Goggins, Dietz got paid a portion of his wages under his own Social Security number and the rest under his wife’s Social Security number. The Dietzes and Goggins all admitted to the scheme, but only Dietz was prosecuted.

In Dietz’s first conviction, Dietz admitted lying about his income and employment to get disability benefits and wrongfully received $120,913 from 1994 to 1998. At that time, Dietz was traveling the country as a consultant for cattle breeders and buyers.

Shanstrom, who was the judge in that case, too, sentenced Dietz to three years of probation, $60,000 restitution and 250 hours of community service.