TRENTON
- Attorney General Peter C. Harvey today
announced that the former owner of five
North Jersey chiropractic clinics, and
the mastermind and beneficiary of a
staged accident ring that netted hundreds-of-thousands
of dollars in fraudulent insurance claim
payments, has been sentenced to 29 years
in state prison. A co-defendant was
also sentenced to 13 years in state
prison. Both individuals were convicted
on Oct. 15 on charges of criminal racketeering,
conspiracy, Health Care Claims Fraud,
and theft following a six-week jury
trial before Union County Superior Court
Judge John S. Triarsi.
"This
substantial and significant sentence
represents the final chapter in the
dismantling of one of the largest phony
accident rings yet uncovered by the
Division
of Criminal Justice and the Office
of the Insurance Fraud Prosecutor,"
said Attorney General Harvey. "Aside
from stealing money from insurance companies,
thereby contributing to higher auto
insurance rates, these businessmen-turned-criminals
put at risk the lives and safety of
New Jersey's drivers."
According to Vaughn L. McKoy, Director,
Division of Criminal Justice and Insurance
Fraud Prosecutor Greta Gooden-Brown,
Anhuar Bandy, aka “Chief”,
41, Livingston Avenue, New Brunswick,
Middlesex County, and Elvin Castillo,
27, Marshall Street, Elizabeth, Union
County, were sentenced by Judge Triarsi
to substantial terms in state prison.
Bandy was sentenced to 29 years in state
prison and ordered to pay a $100,000
fine. The amount of restitution has
yet to be determined. Castillo was sentenced
to 13 years in state prison and ordered
to pay a $50,000 fine and $27,800 in
restitution.
Insurance Fraud Prosecutor Gooden-Brown
noted that Bandy and Castillo, along
with 26 other co-conspirators, were
charged via ten separate State Grand
Jury indictments returned on May 16,
2002. The indictments, which charged
multiple counts of conspiracy to commit
criminal racketeering, racketeering,
conspiracy to commit Health Care Claims
Fraud, and theft by deception, detailed
the existence and operation of an extensive
insurance fraud scheme which used staged
accidents to manufacture tens-of-thousands
of dollars in fraudulent insurance claims.
The indictments charged that Bandy and
the co-defendants “staged”
more than 90 automobile accidents which
resulted in 24 insurance companies paying
more than $2 million in fraudulent automobile
accident and personal injury medical
claims.
The Division of Criminal Justice - Office
of Insurance Fraud Prosecutor investigation
determined that Bandy and Castillo constructed
the “staged” accidents by
instructing selected co-defendants -
known as “runners” - to
recruit persons to participate in the
“staged” accidents. The
participants of the “staged”
accidents were instructed to deliberately
crash motor vehicles into other vehicles
or into fixed objects such as parked
vehicles, telephone poles, or other
obstructions. While the occupants, or
so-called “victims,” of
the “staged” accidents were
not injured, they none-the-less obtained
medical treatment at Bandy-operated
chiropractic clinics or through other
medical service providers. As a result
of “treating” the “injured”
“victims,” Bandy submitted
thousands of fraudulent Personal Injury
Protection (PIP) medical claims to insurance
companies for payment of medical services.
(A listing of the 26 co-defendants and
disposition of the criminal cases is
available via the Division of Criminal
Justice - Office of Insurance Fraud
Prosecutor Web site at www.njdcj.org).
The chiropractic clinics owned and/or
operated by Bandy included the Elizabeth
Injury Center, 925 Elizabeth Ave., Elizabeth;
Amboy Injury Center, 272B Hobart St.,
Perth Amboy; Prospect Spinal Trauma
Center, 500 Mount Prospect Ave., Newark;
Plainfield Injury Center, 430 Watchung
Ave., Plainfield; and the Golden Medical
Center, 925 Elizabeth Ave., Elizabeth.
The clinics were in business from February,
1995, and ceased operations in July
1999, as a result of the Division of
Criminal Justice - Office of Insurance
Fraud Prosecutor investigation.
Attorney General Harvey noted that the
Office of Insurance Fraud Prosecutor
leads the nation in the number of criminal
and civil actions taken against insurance
fraud perpetrators. Thus far in 2004
(Jan. - Oct.), the Office of Insurance
Fraud Prosecutor has obtained 65 criminal
indictments charging 128 defendants;
secured guilty pleas against 59 defendants;
and obtained more than $16 million in
criminal fines and restitution. A national
report released by the Coalition Against
Insurance Fraud reported that the Office
of Insurance Fraud Prosecutor accounted
for 86 percent of the total civil actions
reported in 2002 by all 43 state insurance
fraud bureaus. Additionally, the Office
of Insurance Fraud Prosecutor was first
in the nation in the total number of
insurance fraud cases opened in 2002
– civil and criminal. New Jersey’s
total of 4,986 cases opened in 2002
was more than double that of second-ranked
California. In 2002, New Jersey’s
Office of Insurance Fraud Prosecutor
realized a 143 percent increase in indictments
over 2001, with 302 criminal convictions
for insurance fraud in 2002.
Deputy Attorneys General Walter Krako
and Marysol Rosero coordinated the prosecution.
Supervising State Investigator Ciro
Sebasco, along with state investigators
assigned to the Office of the Insurance
Fraud Prosecutor, conducted the investigation.
Additional investigative assistance
was provided by the New Jersey State
Police, Federal Bureau of Investigation,
the Union County Prosecutor’s
Office, the Hudson County Prosecutor’s
Office, and the federal Immigration
and Naturalization Service.
Insurance Fraud Prosecutor Gooden-Brown
credited the insurance industry for
their cooperation in the investigation.
The following insurance companies contributed
time, expertise and other resources,
during the course of the extensive criminal
investigation: Republic Western Insurance
Company, Allstate Insurance Company,
Material Damages Adjustment (MDA) Services,
Prudential Insurance Company, Selective
Insurance Company, State Farm Insurance
Company, Liberty Mutual Insurance Company,
and Crossroads Investigations.