Attorney General Peter F. Kilmartin today announced two separate plea agreements for cases involving workers' compensation and unemployment insurance benefits fraud. These plea agreements are just the latest example of Attorney General Kilmartin's commitment to root out waste, fraud and abuse in the State's safety net programs.
"Over the past year, our Office has secured restitution of over $450,000 for the State of Rhode Island by aggressively prosecuting individuals who try to defraud our workers' compensation and unemployment insurance benefits systems," said Attorney General Kilmartin. "Defrauding the system only weakens the State's ability to provide resources for those truly in need."
Jorge Cardenas (age 44), with a last known address of 131 Wendell Street, Providence, RI, pleaded nolo contendere today before Providence Superior Court Associate Justice Richard Licht to one count of failure to report earnings in order to obtain workers' compensation benefits and one count of worker's compensation fraud for collecting more than $3,000 in workers' compensation insurance benefits while he worked for Clean by Deluxe Cleaners in Cumberland, Rhode Island.
Cardenas was sentenced to three years probation on each count and ordered to pay full restitution in the amount of $3,110.53 in fraudulently obtained worker's compensation benefits and $8,879.75 in surveillance costs for a total of $11,990.28 in restitution.
Had the case proceeded to trial, the State was prepared to prove beyond a reasonable doubt that that between September 27, 2010 and November 30, 2010, Cardenas intentionally misrepresented his work history by stating on the State of Rhode Island report of earnings document that he was not working, and that he knowingly made false statements to his physician in order to obtain workers' compensation benefits when Cardenas stated that he could not engage in work activities due to pain when he was in fact working for Clean by Deluxe Cleaners.
Kathleen McElroy, an investigator at the Rhode Island Department of Labor and Training, Workers' Compensation Fraud and Compliance Unit was the lead investigator on the case.
Attorney General Kilmartin also announced that Gregory P. Mitton (age 53) with a last known address of 2021 New London Turnpike, Coventry, RI, pleaded nolo contendere today before Providence Superior Court Associate Justice Richard Licht to one count of obtaining money under false pretenses for collecting more than $15,000 in unemployment insurance benefits while he was employed.
Mitton was sentenced to six years and six months probation and ordered to pay restitution in the amount of $15,906 to the State of Rhode Island.
Had the case proceeded to trial, the State was prepared to prove beyond a reasonable doubt that between May 21, 2011 and November 12, 2011, Mitton failed to report any of his weekly earnings to the Rhode Island Department of Labor and Training when he logged onto the DLT website using his personal identification number to authorize his weekly unemployment benefits online. While Mitton was collecting unemployment benefits he was working for Subaru of New England in Norwood, MA.
DLT fraud investigator Tommy Ariza handled the case initially, referring it to the Rhode Island State Police Auto Theft and Insurance Fraud Unit, where Detective Stephen W. Brown completed the investigation.
Special Assistant Attorney General Genevieve Allaire Johnson prosecuted both cases on behalf of the State.