Undercover PIP fraud sting nets 16 workers and patients at Miami clinic

April 25th, 2012

Judith Gonzalez

Police have arrested in Miami a licensed massage therapist, a physician’s assistant and 14 massage clinic patients on charges of personal injury protection (PIP) fraud and grand theft.

Florida Division of Insurance Fraud sent undercover officers into the clinics, where they were told to sign blank treatment forms and taught how to lie when their insurance companies asked questions.

Officers arrested Judith Gonzalez, 39, owner of Flamingo Health Corp. in Miami, allegedly billed insurance companies nearly $250,000 in fraudulent insurance claims and coached patients on how to commit PIP fraud. Gonzalez has been licensed as a massage therapist since 2006.

“Fraud clinics such as this one were the driving force behind much-needed PIP reforms that passed during the 2012 legislative session,” Florida CFO Jeff Atwater said in a statement. “My office will remain diligent in putting those who abuse the system for their own personal gain behind bars.”

The Miami-Dade Office of State Attorney Katherine Fernandez Rundle is prosecuting the case.

“Every dollar stolen in insurance scams like these comes out of pockets of the people of my community and the pockets of the people of Florida,” Rundle said in a statement. “I’m proud to have law enforcement partners like Chief Financial Officer Jeff Atwater and the Division of Insurance Fraud, who are working with us to get these thieves off of our streets.”

Investigators nab food trucks staging accidents and committing PIP fraud

April 16th, 2012

The bad guys were out to lunch. But the police were not. After a two-year investigation, 15 people were arrested in late March on charges of fraudulent Personal Injury Protection (PIP) and property damage claims involving staged food truck accidents. The defendants sought more than $800,000.

The owners of the food trucks, which cook and serve meals from their vehicles, recruited people who pretended to be the vehicle owners. They staged more than a dozen accidents between 2008 and 2010, according to the Florida Department of Financial Services.

The arrests were part of a continuing crackdown on PIP and other forms of auto insurance fraud by the Florida Division of Insurance Fraud and the National Insurance Crime Bureau. The DIF arrested 392 individuals for PIP fraud in 2011, a 44 percent increase from 2010. This year, 166 people have been charged.

Those arrested on March 27 were from Miami-Dade County. They included Armando Alonso, Yordan Martin Mata, Yanet Soriano, Dunaikis Roche, April Caridad Sequinot, Alberto Paz Hernandez, Yoandris Benitez, Eduardo Alonso Castellanos, Lucia Amigot, Alicia Iris Laurenco Cuesta, Ivan Silva, Robert Jabani Hinklein, Abraham Alliegro, Evelyn Yero Noy and Jesus Iluminado Guerrero and Yoandris Benitez. Additional arrests were anticipated.

The state legislature passed a PIP reform bill in the 2012 session in an effort to cut down on PIP fraud, which is rampant in South Florida, Orlando and Tampa Bay. Estimates are that PIP fraud has raised PIP premiums $1 billion over the past four years.

“I am confident that reforms passed this session will help stop fraud at the source while giving us more tools to go after scam artists,” CFO Jeff Atwater said in a statement. “I will not stand by and let these organized crime rings steal your hard-earned dollars.”

There’s no room for bad judges in Florida

March 28th, 2012

The judicial election processes in Florida needs fixing. The current system doesn’t produce the most qualified judges, just those with the most financial support or friends in politics.

The Miami Herald offers a good viewpoint on the problem in a recent editorial headlined, “A Disorderly Court: Appointed judges bring more integrity to the bench.” It reads in part:

The latest travails of Miami-Dade County Court Judge Ana Maria Pando should kick-start a statewide conversation about elected vs. appointed judges. That likely won’t happen. But it should.

Studies have shown that appointed judges are far less likely to engage in or face allegations of corruption or ethical violations, boding well for judicial integrity.

Integrity is key to public trust in our judicial system. The public must demand that state government reform the judicial system to put the best people on the bench.

Appointed judges bring more integrity to the bench

Read more here: http://www.miamiherald.com/2012/03/26/2715536/a-disorderly-court.html#storylink=cpy

PIP bust in southwest Florida nets dozen fraudsters

March 28th, 2012

 

 

A year-long investigation into Personal Injury Protection (PIP) fraud in southwest Florida culminated in the arrest of a dozen people on March 22. Clinics filed false and exaggerated PIP claims, causing up to $22.5 million in fraud each year, according investigators.

The task force for “Operation Whiplash,” as the investigation was known, included police forces from Cape Coral, Miami and Hialeah, plus the Secret Service, IRS and Florida Department of Financial Services.

We congratulate law enforcement agency officers on their efforts to fight PIP fraud.

Miami-Dade judge who helped medical clinic reassigned

March 6th, 2012


Thanks to the investigative reporting work of Carmel Cafiero of WSVN 7News, Miami-Dade Circuit Court Judge Ana Maria Pando has been reassigned from civil court. The move came after Cafiero first reported on lawyer complaints that she was biased toward a medical clinic that actively solicits people who have been in auto accidents.

 

 

Judge Manno-Schurr: Reversed again for not knowing the law

March 5th, 2012

Valerie Manno-Schurr has made a habit of being reversed in her first term as Miami-Dade circuit judge. The latest instance was on Feb. 29, when the Third District Court of Appeal determined that she erred in a dispute over a homeowner’s insurance claim.

Judge Manno-Schurr has been reversed many times on cases taken to appeal. As of late 2011, about 45% of her decisions were sent back to her to fix a legal mistake. Does she deserve re-election this fall? Voters may want to think about how well – or poorly — she handled this case, and others.

In this recent case, a Miami-Dade homeowner received an insurance payment of $7,000 in 2005 for damages from Hurricane Wilma. In March 2009, a public adjuster inspected the homeowner’s property and filed a supplemental claim for $122,769.

The insurance company challenged the claim in court and asked that the homeowner do two things: submit to an examination under oath and sign it; and provide a sworn proof of loss in 60 days.

The homeowner instead asked the court to order an appraisal. The insurance company told Judge Manno-Schurr, no, the homeowner had not provided the information needed to evaluate the insurance claim. The judge sided with the homeowner and the insurance company appealed.

The appeals court agreed with the insurance company, saying that Judge Manno-Schurr should have first conducted an evidentiary hearing to determine whether the homeowner had complied with his obligations when filing the supplemental claim.

“The transcript of the hearing on the motion to compel appraisal reflects that the trial court never reviewed any evidence on whether [the homeowner] complied with his post-loss obligations under the policy,” the court said in its opinion.

The appellate court told Judge Manno-Schurr to conduct a hearing, just as she should have in the first place.

Do her mistakes qualify her for another six years on the bench? Or is it time that Miami-Dade voters look for someone who is more competent and willing to follow the law?

Gov. Scott and CFO Atwater see how PIP fraud accidents are staged

February 20th, 2012

On Feb. 16, Gov. Rick Scott and Chief Financial Officer Jeff Atwater saw first-hand how car crashes are staged. The fake accidents are part of a larger scheme to file phony Personal Injury Protection (PIP) claims and defraud insurance companies and their customers.

At the driving instruction area of Pat Thomas Law Enforcement Academy, the Florida Highway Patrol showed how people commit accident fraud. In one instance, people hide on the side of the road near a staged crash. After the vehicles collide, the people jump into the vehicles and claim they were injured.

Fraud from this and other staged accidents has pushed PIP insurance rates 30 percent higher each year, Scott said. He urged lawmakers to pass legislation that would reform PIP.

“That’s money back into somebody’s pocket so they can afford food or shelter, transportation, things like that, education for the kids,” Scott said in an article posted at WFCN, Jacksonville.

“This is the same thing. This is a billion dollars of fraud on the citizens of our state, money that should be back in their hands, not to somebody who’s running a clinic that’s taking advantage of the system, lawyers that are taking advantage of the system. So this to me is a no-brainer. Why we wouldn’t want to fix this and be aggressive at fixing this?”

Radio station WFSU in Tallahassee covered the event: WFSU report on staged accidents

 

Government, business leaders call for PIP reform law with teeth

February 13th, 2012

Floridians are calling for reform of personal injury protection (PIP). Will legislators listen, or will all the bills that contain meaningful changes be killed, just as they were in 2011?

Gov. Rick Scott and CFO Jeff Atwater joined a broad coalition of Florida consumers, business leaders, law enforcement officials and concerned citizens in Tallahassee on Jan. 25. They urged legislature to “Put the Brakes on Accident Fraud and Abuse.

Scott, Atwater and former Florida Insurance Commissioner Bill Gunter said that fraud, abuse and excessive litigation were identified as problems in 1975. However, “PIP remains the domain of those who exploit the broken system in order to enrich themselves at the expense of consumers — further illustrating that the PIP system is long overdue for meaningful reform and the Legislature must act this session to end the nearly $1 billion fraud tax and stop accident fraud,” according to a joint statement.

“I urge the Senate and the House to work together on a comprehensive package that will actually get to the root of the problem and address this issue once and for all,” said Gov. Scott.

Others spoke out on the need for reform:

“I am a good driver, but with current trends, I will soon be priced out of the automobile insurance market.”

“Every day, I hear more and more deceptive and coercive advertisements that seem to encourage fraudulent claims,” said Cydnee Knoth, a Tampa resident who traveled to Tallahassee to urge the legislature to act on PIP.

“We cannot wait any longer for relief from the expense of fraud and litigation abuse.

“Florida cannot sustain the ever-growing burden of a broken PIP system. Florida families and businesses continue to take the brunt of this unresolved billion dollar problem,” said David Hart, executive vice president of the Florida Chamber of Commerce. “We are hopeful and expectant that the 2012 Session will be marked by comprehensive change.

Florida’s no-fault system is creating problems for Florida’s businesses and consumers.”

“In order for this legislation to successfully impact Florida consumers and businesses, we truly believe it must have teeth to it,” said Tom Feeney, president and CEO of Associated Industries of Florida. “Florida consumers and businesses deserve nothing less.”

The coalition urged lawmakers to include these key reforms in a final bill:

  1. Reasonable limitations on attorneys’ fees to remove the incentive to file frivolous lawsuits at the expense of Florida drivers.
  2. Increased anti-fraud controls to identify suspicious claims and allow insurers time to investigate those claims to avoid unnecessary payments paid by innocent consumers.
  3. Enhanced controls on medical costs, through clarification of the medical fee schedule and other tools that rein in high utilization of questionable medical procedures, the costs of which are passed on to consumers.

A leading business group, Associated Industries of Florida also participated in the event. In a separate editorial for a Florida newspaper, Jose L. Gonzalez, vice president of governmental affairs, said effective legislation is needed because PIP fraud affects, “the neediest Floridians most, particularly those on fixed incomes.”

 

Miami-Dade county judge faces ethics questions over ties to rehab center

February 10th, 2012


WSVN investigator reporter Carmel Cafiero digs into allegations of misdeeds in South Florida. She reported Feb. 7, 2012, that Miami-Dade County Court Judge Ana Maria Pando is being asked to recuse herself from some cases following charges of ethics violations.

Five attorneys have filed 16 motions charging Judge Pando violated the Code of Judicial Conduct after the judge “lent the prestige of her judicial office to advance the private interests of Florida Wellness & Rehabilitation Center Inc.,” Cafiero reports.

An accountant for Florida Wellness accidentally sent the state paperwork the company was closing, Cafiero reports. Judge Pando wrote to the state on her judicial letterhead to help the company be reinstated. State records show the company was then reactivated by “court order.”

Cafiero reports that Judge Pando has raised close to $70,000 for her re-election. Her campaign received $2,000 from four Florida Wellness & Rehabilitation Centers, reported the month after she sent the letter.

PIP fraud update: Clinics fake car accidents and records to collect insurance claims

February 8th, 2012

PIP fraud is a big-time money crime, as three recent arrests make clear. Perpetrators collected more than $700,000 from insurance companies before investigators shut down their operations.

Those expenses show up in the insurance bills of Florida drivers. In 2008, a 40-year-old driver in Miami with an unblemished driving record was paying $582 in PIP premiums. That figured climbed 80 percent in two years to nearly $1,050 for the same coverage.

Anyone can fight PIP fraud by calling state investigators at 800-378-0445 to report suspected insurance fraud. Individuals who provide tips can remain anonymous and are eligible for a reward of up to $25,000 for information that directly leads to an arrest and conviction in an insurance fraud scheme.

The Department of Financial Services to date has awarded almost $250,000 to approximately 40 citizens as part of its Anti-Fraud Reward Program.

Here are three of the latest examples of criminal enterprise:

Case #1: Unlicensed clinic in Orlando area collects $500,000 from insurance companies

Investigators with the Florida Department of Financial Services have arrested Jean Colin, 43, and charged him with operating an unlicensed clinic, fraud, and filing false insurance claims.

Colin and Marc Maxis are accused of staging car accidents after which passengers filed claims for faked injuries and never received treatment. The clinic, Silver Star Health and Rehab in Orange County, pocketed $500,000, according to court records.

Investigators also discovered that chiropractor Judith McKenzie put her name on the clinic’s license, but that Colin and Maxis owned and operated the business. Neither is a physician.

Case #2: Car-crash mastermind in Miramar pockets more than $200,000 in PIP claims

Yasser Vega-Martinez, 34, has been arrested and charged with faking three car crashes that resulted in more than $200,000 in fraudulent insurance claims.

“These staged accidents are at the heart of the PIP fraud epidemic that is casting a shadow over Florida’s roads,” Florida CFO Jeff Atwater said in statement. “Every Florida family is affected by these fake crashes in the form of high auto insurance premiums. My office is determined to work toward policy reforms to curb this costly crime.”

Vega-Martinez set up three accidents between late November 2009 and June 2010, and sent people who had no real injuries to several Miami-Dade clinics: including GMC Rehabilitation Center, AB Diagnostic Center, The Osteomuscular Rehab Center Corp, Y & H Imaging, Grand Canal Rehab, Justin Medical Services, Florida Health Professionals Group Corp, Angels Diagnostic Group and C & C Therapy Center Corp.

Geico and State Farm paid out more than $200,000 in benefits related to the three faked accidents. Vega-Martinez, of Miramar, faces up to 120 years in prison if convicted on all charges.

Case #3: Operator of unlicensed Miami-Dade clinic submits fraudulent PIP claims

Juan M. Dieguez, aka Jorge R. Gonzalez, was arrested and charged with operating a health care clinic without a license, grand theft and insurance fraud, including making fraudulent PIP claims.

The Florida  Department of Financial Services’ Division of Insurance Fraud says that Dieguez has owned and operated Venetian Rehab Center in Miami-Dade County since October 2010. He was arrested while working at another clinic, Therapy-Diagnostic, Tech Medical.

Division investigators found that Dieguez absconded from probation following a conviction for Medicaid fraud in 1999. They also discovered that Dieguez’s brother opened Venetian Rehab in 2003 and Dieguez added his false identity as an officer in 2010. Dieguez faces up to 15 years in prison if convicted.