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Statewide Grand Jury Report
FINAL REPORTDecember 8, 1998
IN THE SUPREME COURT OF THE STATE OF FLORIDA -- CASE NUMBER 90,703
(This document has been re-formatted for the Internet)
I. INTRODUCTION
The Fourteenth Statewide Grand Jury was impaneled on August 19, 1997,
and was seated in the Second Judicial Circuit: Leon County. The panel was
drawn from around the State. The Grand Jury met on thirteen (13) occasions
to investigate allegations of multi-circuit, organized criminal activity.
The Grand Jury's original term expired after twelve months, but was extended
to February 19, 1999. The Grand Jury is adjourning early, subject to recall,
if necessary.
The purpose of this report is to record for posterity the work of this
Grand Jury, with the hope that its collective voice will be heard and that
the citizens of this State will benefit from its efforts.
II. INVESTIGATIONS
The Grand Jury was called to primarily investigate cases involving insurance
fraud, with an emphasis on workers' compensation premium fraud, health
care claim fraud, insolvency fraud and consumer fraud. We issued thirteen
(13) indictments charging seventy-eight (78) defendants and five (5) businesses
with a total of five hundred and eight (508) crimes. The indictments allege
the following criminal offenses: racketeering; conspiracy to racketeer;
grand theft; insurance fraud; organized fraud; insurance solicitation,
workers' compensation fraud; failure to secure workers' compensation; securities
fraud; sale of unregistered securities; sale of securities by unlicensed
dealer; unauthorized transaction of insurance; false evidence of compliance
and false entry in books of corporation.
Additionally, in a case unrelated to insurance fraud, the Grand Jury returned
one Indictment charging two individuals with one count of first degree
murder and kidnaping each.
During our term, the Statewide Prosecutor has worked with the Department
of Insurance's Division of Insurance Fraud, the Department of Labor, the
State Comptroller's Office and numerous private insurers in the investigation
of many insurance fraud cases. The Statewide Prosecutor has filed seventy-seven
(77) additional criminal charges against fourteen (14) criminal defendants
in seven (7) direct informations.
Taken together, the criminal defendants are responsible for the theft of
over forty million dollars ($40,000,000) from a variety of private insurers
in the State of Florida all of which is ultimately passed on to the citizens.
The attached chart sets forth the number and nature of the charges, as
well as dispositions achieved to date. (The names of individuals who have
not yet been arrested do not appear on the chart.)
The following case did not reach conclusion and is still under investigation
by law enforcement: OSWP Case No. 1997-0433-CFB.
III. REPORTS AND PRESENTMENTS
The Grand Jury issued four reports during its term: (1) Workers' Compensation
Premium Fraud; (2) Insolvency Fraud; (3) Health Care Claim Fraud; and (4)
Fraud in the Non-Standard Insurance Industry.
We have been advised that the Department of Labor has implemented some
of our recommendations for reform detailed in the Workers' Compensation
Fraud report. We also understand the legislature has passed new legislation
regarding workers' compensation fraud amending and strengthening Chapter
440, F.S., which incorporated many of the recommendations in our report.
Finally, we had the opportunity to review evidence concerning patient brokering
in Florida. While time limitations have prevented us from thoroughly investigating
these issues, it is clear to us that patient brokering and its potential
for fraud poses a serious problem for our citizens. As such we recommend
that this topic be studied further by a subsequent Statewide Grand Jury.
IV. CONCLUSIONS AND ACKNOWLEDGMENTS
While the work which we were asked to perform has been difficult, the
issues complex, and the schedule exhausting at times, we have enjoyed our
service and are proud of our contributions to the State of Florida.
We urge the respective agencies and private insurers to continue this important
work. Insurance Fraud affects every citizen of this State and must be diligently
pursued by law enforcement.
We wish to thank the following individuals and their respective offices
for assisting us in the performance of our responsibilities:
The Honorable Lawton Chiles, Governor
The Honorable Bob Butterworth, Attorney General
The Honorable Bill Nelson, Insurance Commissioner
The Honorable Robert Milligan, Comptroller, Florida Comptroller's Office
The Honorable N. Sanders Sauls, Presiding Judge
The Honorable J. Lewis Hall, Jr., Alternate Presiding Judge
The Honorable John E. Crusoe, Alternate Presiding Judge
The Honorable Dave Lang, Clerk of the Circuit Court
The Honorable Larry Campbell, Leon County Sheriff
Tom Long, Leon County Court Administrator
Respectfully submitted to the Honorable N. Sanders Sauls, Presiding Judge,
this ______ day of November, 1998.
________________________________
EDWARD D'ARCY ADAMS, III
Foreperson
Fourteenth Statewide Grand Jury of Florida
___________________________________
PHILIPPA KAY BOTTOMS
Recording Secretary
Fourteenth Statewide Grand Jury of Florida
I, MELANIE ANN HINES, Legal Adviser, Fourteenth Statewide Grand Jury for
the State of Florida, hereby certify that I, as authorized and required
by law, have advised the Grand Jury which returned this Final Report this
__________ day of November, 1998.
__________________________________
MELANIE ANN HINES
Statewide Prosecutor
Statewide Grand Jury Legal Adviser
Fourteenth Statewide Grand Jury of Florida
I, Oscar R. Gelpi, Legal Adviser, Fourteenth Statewide Grand Jury for the
State of Florida, hereby certify that I, as authorized and required by
law, have advised the Grand Jury which returned this Final Report this
__________ day of November, 1998.
___________________________________
OSCAR R. GELPI
Chief Assistant Statewide Prosecutor
Assistant Legal Adviser
Fourteenth Statewide Grand Jury of Florida
THE FOREGOING Final Report was returned before me in open court, this ________day
of November, 1998.
__________________________________
N. SANDERS SAULS
Presiding Judge
Fourteenth Statewide Grand Jury of Florida
