As a result of the three fake accidents and falsely reported injuries, the defendants are also charged with submitting fraudulent insurance claims, totaling more than $100,000.The defendants are charged with Insurance Fraud in the Third Degree (a class D felony), Grand Larceny in the Third Degree (a class D felony), and Falsifying Business Records in the First Degree (a class E felony). If convicted, Guilberto faces up to 21 years in prison.
The defendants conspired to create three staged accidents between October 2010 and June 2011. The accidents were allegedly organized by Guilberto, who allegedly recruited the U-Haul drivers and the occupants of the second vehicle with promises of cash payments or lucrative personal injury settlements. After they staged the accidents, the defendants allegedly lied to the responding police officers and pretended that the accident had been real.
Once directed to Freeport Medical following the accidents, these defendants allegedly filled out insurance forms that included false information about the accident and the defendants’ purported soft tissue injuries. Based on the fraudulent claims of injury, Freeport Medical billed insurance carriers over $25,000 for each accident.
In New York State, a person injured in a motor vehicle accident is automatically covered by the Comprehensive Motor Vehicle Insurance Reparations Act, commonly referred to as the No-Fault law. No-Fault insurance carriers are required to provide reimbursement for a wide range of medical and health services for injuries related to car accidents, up to $50,000 per person.
In addition to medical coverage, a victim in a motor vehicle accident may be eligible to recover money from an insurance carrier for a bodily injury lawsuit stemming from injuries resulting from the accident.The three accidents were arraigned before Justice William C. Donnino in Nassau County Court were as follows:
- An accident dated October 30, 2010, at the intersection of Brook Avenue and Mildred Avenue in Bay Shore, in which a U-Haul truck rear-ended a Mitsubishi;
- An accident dated December 19, 2010, at the intersection of Patton Avenue and East Little Neck Road in Babylon, in which a U-Haul truck sideswiped a Chevrolet; and;
- An accident dated June 29, 2011, at the intersection of Milburne Avenue and Harold Avenue in Hempstead, in which a U-Haul truck rear-ended a Toyota.
The following defendants are charged in the indictments:
- Jean Guilberto, 35, of Wyandanch, the alleged organizer of the three staged accidents, is charged with three counts of Insurance Fraud in the Third Degree and three counts of Grand Larceny in the Third Degree;
- Jahmari Monroe, 27, of Bronx, driver of the U-Haul in the October 30, 2010 accident, is charged with one count of Insurance Fraud in the Third Degree and one count of Grand Larceny in the Third Degree;
- Troy Russell, 32, of Amityville, driver of the U-Haul in the December 19, 2010 accident, is charged with one count of Insurance Fraud in the Third Degree and one count of Grand Larceny in the Third Degree;
- Alecia Holland, 38, of Wyandanch, a passenger in the car struck by the U-Haul in the December 19, 2010 accident, is charged with one count of Insurance Fraud in the Third Degree, one count of Grand Larceny in the Third Degree, and one count of Falsifying Business Records in the First Degree; and
- Larry Henley, 46, of Uniondale, driver of the U-Haul in the June 29, 2011 accident, is charged with one count of Insurance Fraud in the Third Degree and one count of Grand Larceny in the Third Degree.
If convicted, defendant Guilberto faces up to 21 years in prison, and the remaining defendants face up to 7 years in prison. The charges against the defendants are merely accusations, and the defendants are presumed innocent until and unless proven guilty.
Guilberto is currently in custody on $5,000 cash over a $2,500 bond on each indictment; Russell is in custody on a $5,000 bond over $2,500 cash bail; and Henley is in custody on a $2,500 bond over $1,500 cash. Monroe and Holland were released on their own recognizance. Judge Donnino ordered that all defendants surrender their passports.
Source: New York Attorney General