Arizona's Dept if Insurance in the news
Monday, 20 September 2004 -- published 0420am
The only "big" thing that puts them in the news is that an anonymous reader of The Register reading this story inquired about the proper dept to address insurance fraud in his/her state.
In this case, the reader would be advised to go to http://www.id.state.az.us, the home page of the Arizona Department of Insurance; Phone numbers include: (602) 912-8444 (Phoenix Area) or (520) 628-6370 Tucson Area --- Toll Free Statewide: (800) 325-2548.
This should be sufficient cause to put this dept in the news, as The Register strives to be interactive with readers, which, coincidentally, is one of the requirements that Al Ruechel of Bay News 9 mentioned in a recent correspondence as a requirement for featured websites. Besides being "interactive," Ruechel says that websites featured on his TV station must have information useful for a wide range of people. We hope to live up to his standards and serve the public.
Subj: RE: Evidence of Possible Insurance Fraud, Criminal in Nature |
Date: 2/10/04 11:08:40 AM Eastern Standard Time
CC: NeumannB@dfs.state.fl.us, McCartyK@dfs.state.fl.us
|Sent from the Internet (Details)|
On behalf of Director McCarty, thank you for your recent email regarding fraud concerns. By copy of this email, we are referring this matter to the Division of Insurance Fraud for further review and response. You may contact this division at 800-378-0445.
Should the Office be of further assistance, please do not hesitate to contact us.
The original message was received at Tue, 10 Feb 2004 07:31:12 -0500 (EST) from root@localhost
----- The following addresses had permaanent fatal errors -----
Oy, Kevin! ~-- Let me try again!
In a message dated 2/10/04 7:31:11 AM Eastern Standard Time, Gww1210 writes:
Subj: Evidence of Possible Insurance Fraud, Criminal in Nature |
Date: 2/10/04 7:31:11 AM Eastern Standard Time
To: firstname.lastname@example.org, CFO@DFS.State.FL.us, McCartyK@FLdfs.state.fl.us
CC: email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, LeMieuG@oag.state.fl.us, George_LeMieux@oag.state.fl.us, George_Waas@oag.state.fl.us, WaasG@oag.state.fl.us, CristC@oag.state.fl.us, Charlie_Crist@oag.state.fl.us, Charles_Crist@oag.state.fl.us, RodrigR@eog.state.fl.us, Raquel.Rodriguez@MyFlorida.com, Christina.Calamas@MyFlorida.com, Christa.Calamas@MyFlorida.com, CalamaC@eog.state.fl.us, Gww1210, Gww12102002@yahoo.com
Bcc: ...not shown... ~= Please note that of the above addresses, the following were returned mail: McCartyK@FLdfs.state.fl.us ; WaasG@oag.state.fl.us ; CristC@oag.state.fl.us ; Charles_Crist@oag.state.fl.us. You can bet your bottom dollar that I searched out the correct email addresses and did a resend. =~
To: Tom Gallagher, Insurance Commissioner, Fla Dept of Finanical Svcs|
To: Kevin McCarty, Director of Insurance Regulation, Fla Dept of Financial Svcs
Cc: Governor's Office General Counsel and Attorney Genral's Office, as there may be items of interest in my friend's observations in Appendix 1
Dear Commissioner Gallagher and Director McCarty:
INTRO and PEP TALK
Please note: The Florida Second District Court of Appeals has accepted review of **my** lawsuit against these same individuals, in case number: 2D04-414. However, my court case does not deal with Insurance fraud. That is your department, so you can't say "You've got a case in court --we can't touch it." My allegations are strong here, so don't faint when you read them.
(1) This just in: Michael Schiavo admits to having committed acts this past October which, according to s. 825.102(3) of Florida State Law, are Class 2 Felonies. He admits in current news media reports that he denied both feeding tube (court-ordered and marginally legal), *and also* oral food (neither court-ordered nor legal: 2nd degree felony in violation of 825.102(3)). The fact Theresa is "PVS" (if in fact she is?), is not legally relevant, for this State Law makes no exception for "PVS" patients. (This section reveals his criminal acts in other areas which show or reveal criminal intent in the insurance claims I make in the instant case --at bar.)
(Of course, he has also denied her legal counsel and swallowing rehab in violation of 744.3215(1), subsections (l) and (i), respectively, but I'm not going to delve into the matters under current litigation in my suit or others; Parenthetically, I wonder, if they can do that so a semi-conscious person, what happens if you or I were to become totally unconscious in a freak accident -or worse yet, conscious but unable to move or speak. Would they starve us too? However, I will constrain my discussion below solely to the Insurance fraud. That comment was merely to keep your attention on the fact that seriously illegal things have happened and could recur -to anybody -and that Michael's past actions have shown criminal tendencies here, relevant to my concerns for criminal insurance fraud here.)
(2) Notice on the official web site of Michael Schiavo's "other" business -what he does on the side besides being a nurse: http://www.sunbiz.org/scripts/cordet.exe?a1=DETFIL&n1=P01000004292&n2=NAMFWD&n3=0000&n4=N&r1=&r2=&r3=&r4=JERGERCENTONZE&r5=
Officer/Director Detail Name & Address Title
CLEARWATER FL 33761 D
CLEARWATER FL 33761 D
CLEARWATER FL 33761
His girlfriend, Jodi Centonze, apparently works there, but, and more importantly, it has been pointed out that "Insurance" is misspelled, possibly purposefully to avoid detection as an insurance company: "JERGER & CENTONZE INSURNACE AGENCY, INC.," until having cashed in on a fraudulant policy.
See the misspelling there? Is the "Insurnace" typo likely in a professional website as a simple mistake still unchecked and not caught by web editors after all this time?
THE MAIN ALLEGATION OF INSURANCE FRAUD
(1) Your office helped me get off of a policy that had been taken out to pay out loads of money to a relative, if I were killed. Remember that one? My father, probably not with any criminal intent, nonetheless was allowed to take out a life insurance police [sic: I meant to say: "policy"] on me without my knowledge! The catch here is that the INSURANCE COMPANY involved illegally took out the policy by forging my name or something similar. (They had to have my signature and didn't. You go figure?) I don't benefit from a payout (unless the insurance agent brings me back to life as a "benefit" or "pay out." lol) The county can pay my burial, and I don't make enough that my "income" would be missed. Got it?
(2) It is now well known "trivia" that Wal*Mart Stores tried to pull that same stunt: That's right! They took out insurance policies on employees without their knowledge. Again, both Wal Mart **and** the Insurance companies are at criminal fault: They both knew better and yet proceeded to falsify paperwork... For details on the Wal Mart investigation, please see:
and, oh yeah...
(That last web address has an agenda, doesn't it?) So, that leaves number three:
(3) While I can't prove that Michael Schiavo *has* taken out a policy, here's what I *can* prove:
(A) Insurance policies are private, confidential, inaccessible to public records requests, so if there is a fraudulent claim out there, I can NOT find out, but YOU can and WILL.
(B) Michael Schiavo has three motives to take out a policy on his wife, Theresa Schiavo:
(C) Michael Schiavo has not only motive, but also ABILITY:
(D) His track record so far is not spotless -by far.
So, in conclusion, he has (a) ability to make policies; (b) motive to do same; (c) prior actions which call his motives/intent into question; and, (d) and also the ability to act behind "confidentiality" shields to falsify paperwork.
Please note: I am not accusing him; Merely, I am showing lots of "probable cause."
Lastly, it is your duty to investigate my findings under State Law. (See section 626.989: Investigation by department or Division of Insurance Fraud; compliance; immunity; confidential information; reports to division; division investigator's power of arrest.)
"(6) Any person, other than an insurer, agent...who believes that a fraudulent insurance act or any other act or practice which, upon conviction, constitutes a felony or a misdemeanor under the code, or under s. 817.234, [which says as title: 817.234 False and fraudulent insurance claims.-- ] is being or has been committed may send to the Division of Insurance Fraud a report or information pertinent to such knowledge or belief... The Division of Insurance Fraud SHALL review such information or reports and select such information or reports as, in its judgment, may require further investigation. It SHALL then cause an independent examination of the facts surrounding such information or report to be made to determine the extent, if any, to which a fraudulent insurance act or any other act or practice which, upon conviction, constitutes a felony or a misdemeanor under the code, or under s. 817.234, is being committed. The Division of Insurance Fraud SHALL report any alleged violations of law which its investigations disclose to the appropriate licensing agency and state attorney or other prosecuting agency having jurisdiction with respect to any such violation, as provided in s. 624.310....
(7) Division investigators SHALL have the power to make arrests for criminal violations established as a result of investigations. Such investigators shall also be considered state law enforcement officers for all purposes and shall have the power to execute arrest warrants and search warrants; to serve subpoenas..." (Emphasis added by capitalization, comment added in brackets.)
That looks pretty unambiguous, and let's remember a few more things: The people of Florida (in fact all America, in not the entire world), view us in disdain and are highly angry for the injustices done in this matter.
POST SCRIPT: A THEOLOGICAL PERSPECTIVE
FORMAL REQUEST -- AND CAVEATS
On a lighter note, I am sure you will be immune from prosecution for doing your moral and legal duties in this regards. (And, you too may become a hero among the Nation, most of whom would support you in this matter.) Please also find below the observations of another friend, whom I shall keep anonymous. Below that, I shall include an appendix quoting those citations from Scripture in the event you don't have a Bible handy.
APPENDIX 1: Note from a friend
JP, I'm keeping private your name and email address, and the identities of the people to whom you wrote, but you wrote this here, and I'm appending these observations to my concerns about insurance fraud, and giving you a blind carbon copy.
"Here are some specific points in connection with the bone scan that could prove fruitful to investigate: Perjury, Insurance Fraud, Obstruction of Justice, Failure to Protect as Required by Statutes, Aiding and Abetting a Violent Criminal at Large. 1. MS on behalf of Terri won a large jury award in 1992. The malpractice suit was predicated on a physician’s failure to diagnose Terri’s susceptibility to heart failure due to biochemical imbalance. MS advanced that Terri was bulemic [sic: JP meant to say: "bulimic" --gordon] and that the physician should have taken precautions to avert Terri's eventual collapse. MS knew very well that the bone scan taken a year earlier in 1991 pointed to a different set of causes for the collapse. Does withholding this evidence from the malpractice jury constitute perjury in that the jury certainly asked him whether he was aware of any reasons for the collapse?
2. Using guardianship privileges, MS ordered the medical evidence of injuries sealed. Had the jury known about Terri’s history of trauma it is unlikely that they would have decided in favor of MS. The injurer would then not have been ordered to pay pecuniary damages. Does MS's sealing of the record constitute insurance fraud?
3. The bone scan revealed ossification at multiple sites of trauma, indicating that the injuries took place before Terri was admitted. This raised the probability that she was attacked by someone. Failure to report a possible crime is illegal. Does hiding evidence of a possible crime constitute obstruction of justice?
4. FS 825.102 (3) (2.) and FS 744.474 (2) order MS to protect Terri against abuse. By default this includes a potential repeat abuse from the unknown individual responsible for the bone scan trauma. MS's failure to report it to police allowed the perpetrator to remain at large. With that, there was a possibility of a renewed attack against Terri by that individual. MS thus failed to give Terri the protection delineated in the statutes. By taking no steps to prevent a repeat occurrence, MS further subjected Terri to serious risk of great bodily harm, which is a class 2 felony.
APPENDIX 2: Biblical Citations for Perspective, Reflection
Editor: I forgot to include this citation in my letter here: "When the righteous are in authority, the people rejoice: but when the wicked beareth rule, the people mourn." (Editor: This passage comes from Proverbs 29:2, Holy Bible, KJV, and, when writing our leaders, I seem to have forgotten to mention this word from "Wise Man" Solomon, but I still was able to find some good observations below.)
Proverbs 24 (Holy Bible, KJV)
Proverbs 31 (Holy Bible, KJV)
Oy!... lets get some more “English” versions here -- let’s try the NEW King James Version here:
Proverbs 24 (Holy Bible, NKJV)
Proverbs 31 (Holy Bible, NKJV)
Matthew 25 (Holy Bible, NKJV)
OK, folks, do we still have any doubt as to what the two wisest men of all times (Solomon and Jesus, respectively) were trying to say about Theresa Schiavo? If so, give me a call, and we can talk.
I’ve touched on (1) Legal (2) Practical (matters of fear) and (3) Moral viewpoints in this matter, but it is up to you to act. It would not be fair to ask God to do something you or I could do. If you require any assistance, drop me a line.
Gordon W. Watts
LINKS OF IMPORTANCE:
Gordon W. Watts, Editor-in-Chief, The Register
"First, they [Nazis] came for the Jews. I was silent. I was not a Jew. Then they came for the Communists. I was silent. I was not a Communist. Then they came for the trade unionists. I was silent. I was not a trade unionist. Then they came for me. There was no one left to speak for me." (Martin Niemoller, given credit for a quotation in The Harper Religious and Inspirational Quotation Companion, ed. Margaret Pepper (New York: Harper &Row, 1989), 429 -as cited on page 44, note 17, of Religious Cleansing in the American Republic, by Keith A. Fornier, Copyright 1993, by Liberty, Life, and Family Publications.