Seven Charged With Stealing More Than $50K of Taxpayer Money Through Workers’ Compensation and Insurance Fraud

One defendant claiming head injuries caught jogging and lifting weights

MINEOLA, NY - Nassau County District Attorney Kathleen Rice announced today that a sweep targeting county residents who steal undeserved workers’ compensation and insurance benefits has resulted in charges being filed against seven people who, combined, stole more than $50,000.

The sweep was the result of an investigation by the District Attorney’s Office, Nassau County Commissioner of Investigations, Nassau County Attorney's Office, New York State Insurance Department’s Frauds Bureau, New York State Insurance Fund, and the New York State Workers’ Compensation Board, Office of the Inspector General.

Several of the individuals involved were videotaped by investigators performing tasks inconsistent with their alleged medical disabilities, like jogging and lifting heavy equipment.

“These seven people have stolen money out of our hands and put it in their own wallets,” Rice said. “We will be seeking full restitution for the money these defendants stole from honest taxpayers. With the help of our fellow agencies, we will aggressively prosecute any individual who abuses a system designed to provide for people with real injuries and real needs.”

Charged in the sweep is:

• Sean Tolliver, 50, of West Hempstead. Rice said that Tolliver, a social worker at the Nassau County Juvenile Detention Center, sustained a head injury in September 2008 after an incident with a resident. Upon his release from the hospital, he was advised he could return to work. He did not and continued to receive full pay after testifying at a Workers’ Compensation Board hearing that he required the constant use of a sling and a cane. Routine surveillance observed Tolliver jogging from his home to a Rockville Centre gym, lifting weights, and then jogging home. He has fraudulently collected more than $17,000 from Nassau County. He is charged with Grand Larceny in the Third Degree and Perjury in the First Degree. He faces up to seven years in prison if convicted. He is represented by Mitch Hirsch, Esq. and is due back in court November 9.
• Robin Ardiano, 30, of Hempstead. Rice said that Ardiano sustained a foot injury while working as a construction worker, and was awarded workers’ compensation benefits of $175 per week. Ardiano signed three recertification letters in which he denied returning to work. An investigation revealed that he had returned to work in August 2008 and failed to notify the Workers’ Compensation board. He fraudulently collected $7,525 in benefits. He pleaded guilty on October 7 to Penalties for Fraudulent Practices and sentenced to pay full restitution. He is represented by the Legal Aid Society of Nassau County.
• John Buonagura, 46, of Floral Park. Rice said that Buonagura sustained a back injury while working as a bridge operator for Nassau County and was awarded workers’ compensation benefits of $175 per week. An investigation revealed that he returned to work as a dental mechanic installing and repairing dentists’ chairs. Buonagura collected more than $14,700 in fraudulent benefits. He is charged with Grand Larceny in the Third Degree, Falsifying Business Records in the First Degree, and Penalties for Fraudulent Practices. He faces up to seven years in prison if convicted. He is represented by Ira Raab, Esq. and is due back in court October 26.
• Thore Foss, 42, of Lake Ronkonkoma. Rice said that Foss submitted false insurance certificates to a contractor claiming he had workers’ compensation insurance. The contractor suspected that the certificates were not legitimate and he contacted the New York State Insurance Fund. Foss is charged with Criminal Possession of a Forged Instrument in the Second Degree and Falsifying Business Records in the First Degree. He faces up to seven years in prison if convicted.
• Marcos Gamboa, 25, of Sea Cliff. Rice said that Gamboa sustained an injury in April 2003 to his head and back while working as a warehouse worker, and was awarded weekly benefits of $116.69. Routine surveillance revealed Gamboa working at a bagel store. Gamboa had testified under oath at a Workers’ Compensation hearing that he hadn’t worked on or off the books and was aware that he must contact his attorney and the State Insurance Fund before returning to work. Gamboa stole more than $8,000 in undeserved benefits. He is charged with Grand Larceny in the Third Degree, Insurance Fraud in the Third Degree, Offering a False Instrument for Filing in the First Degree, Perjury in the First Degree, and Penalties for Fraudulent Acts. He faces up to seven years in prison if convicted. He is represented by the Legal Aid Society of Nassau County and is due back in court November 9.
• Chander Nigam, 72, of Roslyn Estates. Rice said Nigam submitted altered receipts for various home repairs to State Farm Insurance Company for wind damage. Nigam submitted bills that were marked paid to State Farm. However, these bills were only estimates of what repairs would cost. The total owed to State Farm is $3,550. Nigam is charged with Criminal Possession of a Forged Instrument in the Second Degree, Insurance Fraud in the Third Degree, and Falsifying Business Records in the First Degree. Nigam faces up to seven years in prison if convicted. She is represented by Vinoo Varghese, Esq. and is due back in court November 25.
• Neil Grange, 51, of Port Washington. Rice said Grange submitted false insurance certificates to a contractor claiming he had workers’ compensation insurance. The contractor suspected that the certificates were not legitimate and he contacted the New York State Insurance Frauds Bureau. Grange is charged with Criminal Possession of a Forged Instrument in the Second Degree and Falsifying Business Records in the First Degree. He faces up to seven years in prison if convicted. He is represented by the Legal Aid Society of Nassau County and is due back in court October 20.

“The people who commit this kind of fraud place an even bigger burden on New York's honest workers and employers, and we will not tolerate people who try to scam the system,” said County Executive Tom Suozzi. “I have a message for those people; let these cases put you on notice:we're watching, and if you’re cheating, we'll catch you. I commend all of the departments involved in this investigation for their efforts in this investigation.”

“Insurance fraud is a serious crime victimizing honest taxpayers and businesses forced to shoulder the burden of higher premiums,” said NYS Insurance Department Superintendent James Wrynn. “The New York State Insurance Department will continue its aggressive anti-frauds efforts by working closely with other law enforcement authorities. I commend District Attorney Rice for her office’s efforts in bringing these individuals to justice.”

“It's a sad commentary when people put their own monetary interests above the law and other members of society,” Chair Robert E. Beloten of the NYS Workers' Compensation Board said. “Through their misdeeds, these individuals create an air of distrust that hurts other disabled people as well as legitimate employers.”

“Workers' compensation fraud is a felony that leads to an enormous drain on New York State resources and taxes every law abiding citizen and business through increased costs for insurance, goods and other services,” NYSIF Chief Deputy Executive Director Francine James said. “Our Division of Confidential Investigations is committed to cracking down on fraud committed by businesses, claimants and medical providers.”

Handling the cases for the District Attorney's Office are ADAs Megan Gallagher and Victoria Curran of the Government & Consumer Fraud Bureau.