Jonathan Desir was driving his Honda Civic through Paterson on Nov. 17, 2012 when it collided with another vehicle, but authorities say it was not an accident.
Subsequently, Desir and two other men riding in the car – along with a woman who claimed to be in the vehicle – filed insurance claims for more than $48,000 for treatment of injuries, according to state authorities.
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This week, Desir, now 22, of Elizabeth, and the three others were indicted on charges of insurance fraud for allegedly filing false claims, acting State Attorney General John Hoffman announced today.
A state grand jury in Trenton returned indictments against Desir; Makenson Clermont, 34, of Irvington; Jhonny Volmire, 26, of Newark; and Jana B. Philippe, 32, of Irvington, charging them with second-degree health care claims fraud, second-degree conspiracy and third-degree attempted theft by deception for their alleged parts in the scam, Hoffman said.
He said Desir and Clermont were additionally charged with second-degree insurance fraud, second-degree conspiracy and third-degree theft by deception for allegedly agreeing to share the cost of the insurance policy and stage a bogus accident to split the claim payout.
Desir, Clermont and Philippe were also charged with fourth-degree false swearing for fraudulent statements they allegedly made to investigators, authorities said.
The indictment, handed up in Superior Court, alleges that Clermont, Volmire and an unknown female were in Desir’s car when he intentionally drove the car into another vehicle on Crosby Place near Ward Street. Neither the other driver, nor the occupants of Desir’s car were hurt and the damage to both vehicles was minimal, according to the indictment.
Subsequently, the three men and Philippe, who assumed the role of the unknown female passenger, each filed a claim for PIP benefits with Liberty Mutual Insurance Company and received medical treatment for their alleged injuries, the court papers state.
Liberty Mutual paid Desir’s $5,736 collision claim, but refused to pay the $48,550 in claims submitted by health care providers, Hoffman said. He said the insurance company referred the matter to the state Office of Insurance Fraud Prosecutor, which investigated the case.
“These individuals not only put themselves at risk through their alleged scam, they put innocent pedestrians and other drivers at risk as well,” Hoffman said.
State acting Insurance Fraud Prosecutor Ronald Chillemi said staged accidents and bogus claims result in increased insurance premiums paid by law-abiding drivers.
Second-degree crimes carry a sentence of five to 10 years in state prison and a criminal fine of up to $150,000.
