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 Fraud of the Week: “Groundhog Day” in New York 

Fraudster's Second Arrest 
Published 2/1/2010 

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A Plattsburgh, New York area man convicted of insurance fraud less than a decade ago now finds himself in a familiar predicament. Authorities arrested James R. Lacey, 54, for a similar affront on Jan. 13, 2010 after reportedly learning that he falsified a medical examination to reap full workers’ compensation benefits when he may have justifiably been entitled to only partial benefits.

According to the New York State Insurance Department, Lacey collected $6,600 in benefits exceeding what he was entitled. The benefits started trickling in after Lacey sustained a back injury in a 2007 traffic accident while he was working as a trash collector for a private garbage collection company. Although investigators do not dispute the fact that Lacey did incur injury at that point, they contend that he failed to divulge the previous ailment, which would have precluded him from being able to receive full wage replacement benefits.

A workers’ compensation claim examiner for the New York Insurance Fund became suspicious after recognizing Lacey’s name from the earlier case that led to the 2003 arrest. This sparked a probe by the Insurance Department’s Frauds Bureau, the New York Insurance Fund, and the Inspector General’s Office of the Workers’ Compensation Board.

In 2003, Lacey pleaded guilty in Albany County to charges of insurance fraud and workers’ compensation fraud for inflating the extent of a disability caused when he suffered an earlier work-related injury. In that instance, the court sentenced him to pay $8,400 in restitution, serve 60 days in jail, and serve five years’ probation.

Lacey now faces charges of third-degree insurance fraud, third-degree grand larceny, and committing a fraudulent practice. If convicted of the new wave of charges, Lacey could serve four years in jail. A hearing is slated for Feb. 4 in Plattsburgh City Court.

 


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