DOI Pat Quinn Governor Andrew Boron, Director

Convictions Resulting from WCFU Investigations

Case Number: 10CF103

Case Name: The People of the State of Illinois v. Roy D. Wiggins

County: Saline

Conviction Date: 03/03/2011

IWCC Case Number: 00WC23753

Offense: Theft of governmental property exceeding $10,000 but not exceeding $100,000, a Class 1 felony (720 ILCS 5/16-1(a) and (b)(5.1))

Sentence: The defendant was sentenced to 36 months probation, assessed probation fees of $25 per month, $500 fine plus court costs, $500 public defenders fee, $500 to the Saline County States Attorney Controlled Substance Fund and ordered to pay restitution of $17,098.61.

Summary: The defendant provided the Illinois Workers’ Compensation Commission false information so he could continue receiving rate adjustment fund checks he was not entitled to receive.

Case Number: 10CF98

Case Name: The People of the State of Illinois v. Jerry Lee Klekamp

County: Shelby

Conviction Date: 01/28/2011

IWCC Case Number: 08WC21522

Offense: One count of Insurance Fraud more than $300 pursuant to 720 ILCS 5/46-1(a) (knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of an insurance or self-insured entity by the making of a false claim or by causing a false claim to be made on any policy of insurance issued by an insurance company or by the making of a false claim to a self-insured entity, intending to deprive an insurance company or self-insured entity permanently of the use and benefit of that property), a Class 3 felony (720 ILCS 5/46-1(b)(2)).

Sentence: The defendant was sentenced to 10 days confinement in Shelby County Detention Center, 30 months probation, assessed probation fees of $25 per month, $20 fee to the local anti-crime program, $500 fine plus court costs and ordered to pay restitution of $5,242.48.

Summary: The defendant was discovered to be working an alternate job while collecting temporary total disability.

Case Number: 10CR10718

Case Name: The People of the State of Illinois v. Carlos Giron

County: Cook

Conviction Date: 12/07/2010

IWCC Case Number: 07WC054480

Offense: One count of Workers' Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(2) (intentionally make or cause to be made any false or fraudulent material statement or material representation for the purpose of obtaining or denying any workers' compensation benefit), a Class 4 felony.

Sentence: The defendant was sentenced to 12 months probation, assessed probation fees not to exceed $50 per month and payment of court costs.

Summary: The defendant failed to disclose a related prior injury and medical treatment to his employer, medical providers and insurance adjusters.

Case Number: 10CR6694

Case Name: The People of the State of Illinois v. Sharon Sundstrom-Poss

County: Cook

Conviction Date: 10/28/2010

IWCC Case Number: 05WC016689

Offense: One count of Workers' Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(1) (intentionally present or cause to presented any false or fraudulent claim for the payment of any workers' compensation benefit), a Class 4 felony.

Sentence: The defendant was sentenced to 18 months probation, assessed probation fees of $180 and $675 in court costs.

Summary: The defendant was observed working an alternate job and accepting temporary total disability benefits.

Case Number: 09CF1166

Case Name: The People of the State of Illinois v. Jim Oshana

County: Kane

Conviction Date: 10/20/2010

IWCC Case Number: 06WC049308

Offense: One count of Workers’ Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(1) (intentionally present or cause to presented any false or fraudulent claim for the payment of any workers’ compensation benefit), a Class 4 felony and one count of Workers’ Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(2) (intentionally make or cause to be made any false or fraudulent material statement or material representation for the purpose of obtaining or denying any workers’ compensation benefit), a Class 4 felony.

Sentence: The defendant was sentenced to 24 months probation, assessed probation fees of $1,200, court fees of $410 and ordered to pay restitution of $22,594.61.

Summary: The defendant was discovered working an alternate job and accepting temporary total disability benefits.

Case Number: 10CR6246

Case Name: The People of the State of Illinois v. Magaly Ocon

County: Cook

Conviction Date: 10/08/2010

IWCC Case Number: 07WC049803

Offense: One count of Workers' Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(2) (intentionally make or cause to be made any false or fraudulent material statement or material representation for the purpose of obtaining workers compensation benefits), a Class 4 felony and one count of Perjury pursuant to 720 ILCS 5/32-2(a)(when under oath or affirmation, in a proceeding or in any other matter where by law such oath or affirmation is required, he makes a false statement, material to the issue or point in question, which he does not believe to be true), a Class 3 felony.

Sentence: The defendant was sentenced to 18 months probation, 40 hours community service and assessed $625 in court costs.

Summary: The defendant was an employee who claimed an injury occurred at work; however, security video showed defendant's injury occurred prior to her reported accident.

Case Number: 09CF344

Case Name: The People of the State of Illinois v. Larry Chouinard

County: Kankakee

Conviction Date: 09/27/2010

IWCC Case Number: None

Offense: One count of Theft of Property pursuant to 720 ILCS 5/16-1(a)(1) (knowingly obtains or exerts unauthorized control over property of the owner), a Class 1 felony. One count of Theft of Property pursuant to 720 ILCS 5/16-1(a)(1) (knowingly obtains or exerts unauthorized control over property of the owner), a Class 3 felony.

Sentence: The defendant was sentenced to four years prison.

Summary: The defendant collected money for insurance premiums and failed to purchase insurance and furnished fraudulent certificates of insurance to customers.

Case Number: 10CR6328

Case Name: The People of the State of Illinois v. Linda Layton

County: Cook

Conviction Date: 09/01/2010

IWCC Case Number: 86WC036557

Offense: One count of Theft of Government Property pursuant to 720 ILCS 5/16-1(a)(1)(A) and (b)(5.1) (knowingly obtained unauthorized control over property, to wit: United States currency, in an amount greater than $10,000, but less than $100,000, the property of the owner, the People of the State of Illinois, intending to deprive said owner permanently of the use and benefit of such property), a Class 2 felony.

Sentence: The defendant was sentenced to 3 years probation, 100 hours community service and assessed $535 in court costs.

Summary: The defendant provided false information to the Illinois Workers' Compensation Commission in order to continue receiving Rate Adjustment Fund cost of living checks.

Case Number: 09CR436-1

Case Name: United States of America v. Louis J. Quilici

County: Northern District of Illinois

Conviction Date: 7/6/2010

IWCC Case Number: None

Offense: Violation of Title 26, United States Code, Section 7201 (any person who willfully attempts in any manner to evade or defeat any tax imposed by this title of the payment thereof)

Sentence: The defendant was sentenced to 33 months in prison, 2 years of supervised release and assessed a $100 fine.

Summary: The defendant knowingly and willfully attempted to evade and defeat the income tax due and owing by him to the United States of America by committing affirmative acts of evasion such as collecting workers' compensation insurance premiums for his own personal use and not reporting it as income.

Case Number: 09CF737

Case Name: The People of the State of Illinois v. David L. McElwee

County: Macon

Conviction Date: 6/16/2010

IWCC Case Number: None

Offense: One count of Theft pursuant to 720 ILCS 5/16-1(a)(2)(A) (knowingly obtains by deception control over property of the owner), a Class 3 felony.

Sentence: The defendant was sentenced to 24 months probation, assessed probation fees of $600, a genetic marker fee of $200 and ordered to pay restitution in the amount of $52,732.

Summary: The defendant was an insurance agent who collected money from clients for a non-existing workers' compensation insurance policy.

Case Number: 07CR-25479

Case Name: The People of the State of Illinois v. Zbigniew Szeliga

County: Cook

Conviction Date:12/04/2009

IWCC Case Number: None

Offense: One count of Attempt of Workers' Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(4) (intentionally attempted to prepare or provide an invalid, false, or counterfeit certificate of insurance as proof of workers' compensation insurance), a Class A misdemeanor.

Sentence: The defendant was sentenced to one year conditional discharge, assessed a $225 fine and ordered to pay restitution of $8,500.

Summary: The defendant attempted to furnish fraudulent certificates of insurance to a general contractor as proof of having workers' compensation insurance.

Case Number: 08CF189

Case Name: The People of the State of Illinois v. Araceli Torres

County: Kankakee

Conviction Date: 8/25/09

IWCC Case Number: 06WC038230

Offense: One count of Forgery pursuant to 720 ILCS 5/17-3(a)(2)(1) (issues or delivers such document knowing it to have been thus made or altered), a Class 3 felony.

Sentence: The defendant was sentenced to18 months conditional discharge plus court costs.

Summary: The defendant provided false information on the application for adjustment of claim.

Case Number: 09CM954

Case Name: The People of the State of Illinois v. Gina Andrist

County: Will

Conviction Date: 6/08/09

IWCC Case Number: 07WC017293

Offense: Two counts of Theft by Deception pursuant to 720 ILCS 5/16-1(a)(2)(A), (knowingly obtains by deception control over property of the owner with intent to deprive), a Class A misdemeanor.

Sentence: The defendant was sentenced to six months court supervision and assessed a $322 fine that includes court costs.

Summary: The defendant admitted to working at another job while claiming total disability and receiving temporary total disability benefits.

Case Number: 07CF4026

Case Name: The People of the State of Illinois v. Reuben Collier

County: Lake

Conviction Date: 6/4/09

IWCC Number: None

Offense: One count of Workers' Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(4) (intentionally prepare or provide an invalid, false, or counterfeit certificate of insurance as proof of workers' compensation insurance), a Class 4 felony; two counts of Theft pursuant 720 ILCS 5/16-1(a)(2)(A) (knowingly obtains by deception control over property of the owner), a class 3 felony; and one count of Forgery pursuant to 720 ILCS 5/17-3(a)(2) (knowingly issues or delivers such document knowing it to have been thus made or altered), a Class 3 felony.

Sentence: The defendant was sentenced to 30 months of probation, 2 months periodic imprisonment and 10 months electronic home monitoring, assessed monthly probation fees of $25, a random testing fee of $125 and ordered to pay restitution of $97,236.

Summary: The insurance agent defendant kept payments from clients intended for workers' compensation insurance, and issued fraudulent certificates of insurance.

Case Number: 09CF5

Case Name: The People of the State of Illinois v. James Boomgarden

County: Ford

Conviction Date: 5/15/09

IWCC Case Number: N/A

Offense: The defendant was charged with violating 820 ILCS 305/25.5(a)(5) (intentionally make or cause to be made any false or fraudulent material statement or material representation for the purpose of obtaining workers' compensation insurance at less than the proper rate for the insurance.

Sentence: The defendant was ordered to pay court costs and a crime stoppers fee.

*Summary: The defendant pled to a lesser offense of 720 ILCS 5/47-15(a).

Case Number: 07CF1023

Case Name: The People of the State of Illinois v. Robert Lee Walker

County: Peoria

Conviction Date: 12/15/08

IWCC Case Number: 06WC039878

Offense: One count of Workers' Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(1) (intentionally present or cause to be presented any false or fraudulent claim for the payment of any workers' compensation benefit), a Class 4 felony.

Sentence: The defendant was sentenced to 30 months probation, assessed monthly probation fees of $25, a public defender fee of $100, and a violent crime victim assistance fee of $20.

Summary: The defendant admitted under oath that his injury did not occur at work.

Case Number: 2007CF001547-0002

Case Name: The People of the State of Illinois v. Ghodrat Karami

County: DuPage

Conviction Date: 10/08/08

IWCC Case Number: 04WC035292

Offense: One count of insurance fraud under $300 pursuant to 720 ILCS 5/46-1(a) (knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of an insurance or self-insured entity by the making of a false claim or by causing a false claim to be made on any policy of insurance issued by an insurance company or by the making of a false claim to a self-insured entity, intending to deprive an insurance company or self-insured entity permanently of the use and benefit of that property), a Class A misdemeanor.

Sentence: The defendant was sentenced to 2 years probation, assessed a $1,357 fine including court costs, probation fees of $600, a $500 fee to the Anti-Crime Commission, and ordered to pay $13,135 in restitution and to perform 100 hours of community service.

Summary: The defendant was observed working in his yard and violating medical restrictions while accepting total disability benefits.

Case Number: 07CF403

Case Name: The People of the State of Illinois v. Maria A. Garcia

County: Lake

Conviction Date: 8/26/08

IWCC Case Number: 05WC019768

Offense: One count of Workers' Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(1) (intentionally present or cause to be presented any false or fraudulent claim for the payment of any workers' compensation benefit), a Class 4 felony.

Sentence: The defendant was sentenced to 30 months conditional discharge, assessed conditional discharge fees, a $100 fine including court costs, ordered to pay restitution in the amount of $17,314 and to perform 200 hours of public service.

Summary: The defendant was observed working an alternate job and accepting temporary total disability benefits.

Case Number: 07CF1056

Case Name: The People of the State of Illinois v. Christopher C. Vaultonburg

County: Peoria

Conviction Date: 7/17/08

IWCC Case Number: 06WC027102

Offense: One count of Workers' Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(1) (intentionally present or cause to be presented any false or fraudulent claim for the payment of any workers' compensation benefit), a Class 4 felony.

Sentence: The defendant was sentenced to 30 months probation, assessed probation fees of $760, a Violent Crime Victims Assistance fee of $20, a $260 genetic testing fee and ordered to pay restitution of $10,000.

Summary: The defendant was observed violating medical restrictions while working an alternate job and receiving total disability benefits.

Case Number: 07CF1804

Case Name: The People of the State of Illinois v. Erica Miller

County: Champaign

Conviction Date: 7/11/08

IWCC Case Number: None

Offense: One count of Workers' Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(1) (intentionally present or cause to be presented any false or fraudulent claim for the payment of any workers' compensation benefit), a Class 4 felony.

Sentence: The defendant was sentenced to 30 months probation, 100 hours of public service, assessed probation fees of $150, a genetic marker fee of $200, a local anticrime assessment (Crime Stoppers) fee of $10, and ordered to pay restitution in the amount of $13,122.

Summary: The defendant was observed performing activities inconsistent with information she provided to her physician.

Case Number: 07CR25480

Case Name: The People of the State of Illinois v. Eugene Foster

County: Cook

Conviction Date: 5/13/08

IWCC Case Number: 06WC012493

Offense: One count of Workers' Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(1) (intentionally present or cause to be presented any false or fraudulent claim for the payment of any workers' compensation benefit), a Class 4 felony.

Sentence: The defendant was sentenced to 12 months conditional discharge, assessed a $190 fine and ordered to pay restitution.

Summary: The defendant's report of a workplace injury was refuted by medical records.

Case Number: 07CR25478

Case Name: The People of the State of Illinois v. Jeffrey Lotesto

County: Cook

Conviction Date: 1/16/08

IWCC Case Number: 06WC026069

Offense: One count of Workers' Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(1) (intentionally present or cause to be presented any false or fraudulent claim for the payment of any workers' compensation benefit), a Class 4 felony.

Sentence: The defendant was sentenced to two years in prison.

Summary: The defendant altered medical records to obtain benefits he was not entitled to receive.