Handcuffed Prisoner in Orange Coveralls

This story is reprinted with permission from FC&&SLegal, the industry's only comprehensive digital resourcedesigned for insurance coveragelaw professionals. Visitthe website to subscribe.

|

Jean Mythro Davilmar, of Brooklyn, New York, has been sentencedto 4 2/3 to 14 years in state prison following his conviction forhis participation in what prosecutors characterized as “a massivescheme” to fraudulently obtain commercial car insurance policiesand New York State vehicle registrations.

|

Related: Miami insurance agent charged with creating fakeinsurance policies

|

Registered over 100 cars with fake companies

Over an eight-year period, prosecutors said, Davilmar and hisco-conspirators fraudulently obtained policies with coverage limitstotaling over $1 million by registering over 100 cars with fakecompanies, including delivery services, prompting investigators todub the case “Operation Decoy Delivery.”

|

Related: 5 in New York charged with auto insurancefraud

|

Davilmar and his co-conspirators filed forged and falsifieddocuments with insurance carriers, the Kings County Supreme CourtClerk's Office, and the New York State Department of Motor Vehicles(“DMV”), the government said.

|

Trial included 26 witnesses

On December 7, 2017, after a trial that included the testimonyof 26 witnesses and the admission of hundreds of documents, JudgeDanny Chun found Davilmar guilty of:

  • 2 counts of Grand Larceny in the Third Degree (a Class Cfelony);
  • 17 counts of Insurance Fraud in the Third Degree (a Class Dfelony);
  • 4 counts of Offering a False Instrument for Filing in the FirstDegree (a Class E felony);
  • 5 counts of Criminal Possession of a Forged Instrument in theSecond Degree (a Class D felony); and
  • 1 count of Scheme to Defraud in the First Degree (a Class Efelony).

The evidence at trial showed that between May 2006 and June2014, Davilmar engaged in a complex scheme to obtain commercialauto insurance in the names of fictitious business partnerships bysubmitting falsified documents and making false statements tomultiple governmental agencies and insurance carriers.

|

Related: How insurers can identify fraudulent claims beforethey are paid

|

Davilmar, who testified at trial, admitted to forming fakecompanies in order to obtain insurance policies for multiplevehicles. The evidence at trial showed that Davilmar created over adozen fictitious business partnerships, including FloristLocomotion, Landscaping Express, Cleaners Express, Mybeda Express,Bedamy Express, and Damybe Express.

|

Co-conspirators obtained 20+ commercial auto policies

In total, according to the government, Davilmar and hisco-conspirators obtained over 20 commercial insurance policies forover 100 vehicles, with coverage limits of up to $50,000 peraccident for each vehicle.

|

On cross-examination, Davilmar admitted to repeatedly using thealias “Jean Claude Marcelin” on documents filed with the DMV, theKings County Clerk's Office, and multiple auto insurancecarriers.

|

Steven A. Meyerowitz, Esq., is the director of FC&S Legal, theeditor-in-chief of the Insurance Coverage Law Report, and thefounder and president of Meyerowitz Communications Inc. Email himat [email protected].

Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader

  • All PropertyCasualty360.com news coverage, best practices, and in-depth analysis.
  • Educational webcasts, resources from industry leaders, and informative newsletters.
  • Other award-winning websites including BenefitsPRO.com and ThinkAdvisor.com.
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.