FIVE YEAR ANNIVERSARY EDITION

Volume 3, Number 2 September 1996


Celebrate with the IFB!

In observance of the IFB's fifth anniversary, this issue of focusFraud is devoted to acknowledge the first years and to highlight some significant and special interest stories involving the IFB. Since the IFB did not begin in June 1994 with the initial publication of focusFraud, we want to pass on some other milestones achieved by the IFB that may not have appeared in previous issues.


The IFB extends a special thank you to ...Massachusetts Attorney General Scott Harshbarger and his staff; the Massachusetts State Police and law enforcement agencies around the Commonwealth; U.S. Attorney Donald Stern of the Boston Office and his staff; the FBI and other federal law enforcement agencies; and  the insurance companies of Massachusetts ... for their sincere dedication to helping us fight insurance fraud. Without them, our five years of success would be but wishful thinking!


IFB Progress Report
(through July 31, 1996)
Convictions 156
Individuals Indicted 142
Complaints Issued 172
Cases Referred for Prosecution 321


Message from the Executive Director

It doesn't seem that long ago when nine newly hired Insurance Fraud Bureau (IFB) personnel, lacking their own quarters, gathered in the Automobile Insurers Bureau conference room to meet for the first time - that historic morning in May was over five years ago. In a short span of time the IFB has built a reputation for excellence that is known not only throughout Massachusetts, but nationally and internationally as well. The IFB has been visited or contacted by representatives from well over a dozen states and three nations inquiring about how the IFB does business--from creation to day-to-day procedures to the prosecution of insurance fraud investigations. IFB staff members are in demand as speakers at industry conferences held throughout the country. IFB representatives have appeared on local, state and national news shows and radio broadcasts.

Vast changes have taken place at the IFB over the past five years. Staff has grown from nine employees to 43 today, including an investigative staff of 28. We are fortunate to have a combination of skills, backgrounds, experiences and personalities that blend effectively in accomplishing the IFB mission. In addition, the enthusiasm every individual brings to his/her job each day has not diminished in the past five years. Congratulations from IFB peers are as heartfelt for a conviction of a single jump-in case as it is for a conviction of a prominent chiropractor or a multi-million dollar premium evasion case. Excitement continues to run through the IFB with the announcement of each new indictment rendered, complaint issued, and conviction achieved.

The success of the IFB does not come without help. The cooperation and support received from insurance carriers, the assistance provided by the Commonwealth's prosecutors and aid by government agencies is essential in the fight against insurance fraud. More than two dozen prosecutors from the offices of Attorney General Scott Harshbarger, the district attorneys and U.S. Attorney Donald Stern have tried cases in which IFB has provided investigative support. Together we have succeeded in initiating court activity against medical providers, attorneys, insurance personnel and consumers.

The IFB has also played a significant role in lowering insurance premiums for consumers. Annual automobile rates have decreased in the Commonwealth for the past two years and workers' compensation rates have dropped each of the past three years. These rate reductions, while not exclusively attributed to fighting fraud, have saved insureds in excess of one-half billion dollars.

Insurance fraud is a crime and together we are making a difference in the way the people in Massachusetts view this offense. The IFB looks forward to continuing to fulfill its mission to detect and deter insurance fraud in the Commonwealth.

Daniel J. Johnston, Executive Director


Did You Know ???


Insurance Fraud Bureau Celebrates Five Years in Print!

To commemorate the bureau's first five years, headlines from articles that appeared in trade and industry publications and local and regional newspapers that reported on court activity of individuals in which the IFB provided the investigative labor were collected. A collage of the most significant news stories was created to chronicle the IFB's role in combating insurance fraud over the past five years. The IFB looks back with pride on what has been accomplished thus far and looks to the future to continue the fight against insurance fraud.


Automobile Highlights

First IFB Sting Operation

EVERETT- Sentry Insurance contacted the IFB when Ernest DiOrio, the owner of an Everett trucking company, offered an appraiser $500 to exaggerate the estimate of damage to his truck. In June 1993, an undercover Massachusetts State Police officer, working with the IFB, posed as a claims adjuster. DiOrio offered the trooper $1,000 to write an estimate for more extensive damages to his truck. DiOrio pled guilty to attempted larceny in Malden District Court in November 1993. He was sentenced to probation and fined $2,500.

Former Claims Adjuster Sentenced to State Prison

DORCHESTER- William Edge, a former Liberty Mutual senior claims adjuster, pled guilty to 26 counts of making false entries in corporate books and 26 counts of larceny in Suffolk Superior Court in June 1993. Edge was sentenced to three and one half to five years in state prison. From September 1990 to January 1992, Edge issued checks, totalling more than $46,000, to fictitious claimants and kept the proceeds for himself. Ten other subjects were convicted as co-conspirators in this case. Two subjects were sentenced to state prison, four received suspended sentences and four were placed on probation.

Staged Accident Results In Murder Convictions

SPRINGFIELD- An uncle and his nephew planned an automobile collision accident so they could claim phony injuries and collect insurance proceeds from Republic Western Insurance Company. The staged accident resulted in the death of a 70-year-old man. The Hampden County District Attorney contacted the IFB for assistance in investigating the insurance fraud plot. The men were found guilty of second degree murder in Hampden Superior Court in June 1994. They are currently serving mandatory terms of life in prison.

Oxford Attorney Pleads Guilty to Insurance Fraud

OXFORD- Vaughn Zanoni pled guilty to charges of insurance fraud and larceny in Worcester Superior Court in May 1994. He was sentenced to probation, 500 hours of community service, restitution of $5,000 to USF&G Insurance Company and was ordered to surrender his license to practice law. Zanoni submitted fraudulent wage verification statements to insurance companies in connection with two separate motor vehicle accident insurance claims.

If It Ain't Broke, Don't Fix It!

FRAMINGHAM- A Framingham body shop, the owner and some of his employees conspired to defraud Liberty Mutual, Commercial Union and Amica Insurance Companies. In June 1996 in Framingham District Court, Tofani Collision was convicted of motor vehicle insurance fraud and larceny. The body shop was ordered to pay $15,120 in fines. A notice of the conviction was sent to the Division of Insurance and the Automobile Repair Shop Licensing Board. Owner Patrick Tofani pled guilty to similar charges. He was sentenced to serve 90 days in the House of Correction and to pay $13,259 in fines. Scams included inflating repair estimates to cover customer deductibles, not replacing parts represented as replaced, adding damages to motor vehicles brought to the shop before insurers could appraise the damage and staging accidents for willing customers. Trials for other subjects in the case are pending.

Former Insurance Appraiser Indicted

FRAMINGHAM- Christopher Kalogeropoulos, owner of Euro-Tech Auto Body, pled guilty to multiple counts of insurance fraud-related charges in Essex Superior Court. He was sentenced to serve 90 days in the House of Correction, to pay $25,000 restitution and to perform 100 hours of community service. He was also ordered to write a formal signed letter to all licensed body shops about what insurance fraud has done to his life and his business. Hercules Kalogeropoulos, Christopher's twin brother, pled guilty to insurance fraud charges in Essex Superior Court for his participation in staging two motor vehicle accidents with his 1985 Mercedes. He was sentenced to two concurrent 3-5 year prison sentences, suspended, and ordered to pay $7,000 restitution and to perform 300 hours of community service. The brothers are two subjects in a case that involves a former Hanover Insurance Company in-house appraiser who allegedly participated in schemes to defraud the carrier by staging accidents and using altered invoices, car rental receipts and phony photographs. Trials are pending for the former appraiser and six other subjects.


Premium Avoidance Highlights


Workers' Compensation Highlights

Brockton Man Guilty of W/C Fraud

BROCKTON- David Field pled guilty to insurance fraud and larceny in Norfolk Superior Court on July 30, 1996. He was sentenced to serve six months in the House of Correction, four years probation, to pay $8,000 restitution to Travelers Insurance Company and to perform 1,000 hours community service. Field was injured at a construction site while working as a sheet metal worker and began to receive $383 per week in total disability workers' compensation benefits. Investigation revealed that during a portion of the time that he was collecting these benefits, Field ran his own business, known as Air-Temp, Inc., and installed residential air conditioning units.

Oh, Brother!

SALISBURY- Sean DiPietro pled guilty to insurance fraud, workers' compensation fraud and larceny in Middlesex Superior Court in July 1995. He was sentenced to serve one year in the House of Correction and ordered to pay $31,879 in restitution to American Policyholders Insurance Company. DiPietro claimed to be disabled due to a work-related injury. However, he worked full-time in three separate jobs. He used his brother's identity to avoid detection.

Alarm Sounds on Subject

WORCESTER- Joaquin Ortiz was found guilty in April 1995 on three counts of workers' compensation fraud in Worcester Superior Court and was sentenced to 3-5 years on and after a term he is currently serving in state prison. Ortiz filed a workers' compensation claim declaring he sustained a work-related injury while employed by a burglar alarm company. Investigation determined that Ortiz was never an employee of the company but was a friend of the owner's stepson. When the stepson lost his driver's license, Ortiz drove him to job sites.


Other Lines Highlights

Insurance Claim Goes Up in Smoke

BOSTON- In a case that was picked up on Paul Harvey's national radio broadcast, Shaun Smoker of New Hampshire pled guilty to insurance fraud, larceny and attempted larceny in Suffolk Superior Court in November 1992. Dubbed "Smoker the Choker" by a local radio station, Smoker staged a series of choking accidents at various restaurants where he claimed to have cut his throat on glass that he had swallowed and that he claimed was in his food. Smoker was sentenced to serve nine months and to pay restitution.

Spouse Comes Back to Life

FALL RIVER- Samson Omosefunmi was found guilty of insurance fraud, attempted larceny and conspiracy in Suffolk Superior Court in June 1994 and was sentenced to two and a half years in state prison. Omosefunmi attempted to collect on a fraudulent life insurance policy claim worth $134,000 in connection with the false claim that his wife died. He bought the policy from Credit Life Insurance Company. His wife is alive and lives in Nigeria.

Chiropractor Pleads Guilty

BOSTON- Chiropractor Alan Rosenthal, owner and operator of Rosenthal Chiropractic and Rehabilitation, Inc., pled guilty to 30 counts of mail fraud in U.S. District Court in April 1995. He was sentenced to serve fifteen months in federal prison, to pay $429,000 in fines and restitution and to forfeit his Massachusetts chiropractic license for 30 months. Rosenthal carried out a series of schemes in order to generate additional business and to increase his personal income by defrauding Massachusetts automobile and workers' compensation carriers.

Former Insurance Salesman Sentenced to State Prison

QUINCY- Charles R. Davis pled guilty to ten counts of larceny in February 1994 in Norfolk Superior Court. He was sentenced to seven to ten years under the Common and Notorious Thief Statute. He served two and one half years at MCI-Cedar Junction. Davis was also ordered to forfeit his insurance license and to pay restitution. He stole approximately $43,000 from former or prospective clients by depositing the money in a personal account instead of binding insurance coverage for them.