DOI Pat Quinn Governor Andrew Boron, Director

Convictions Resulting from WCFU Investigations

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Case Number:  13CR22163
Case Name:The People of the State of Illinois v. Dale Lott
County:  Cook
Conviction Date:  02/18/2014
IWCC Case Number:  10 WC 017845
Offense:  Attempt Wire Fraud (Class A misdemeanor) pursuant to 720 ILCS 5/8-4 and 720 ILCS 5/17-24(b)*
Sentence:  The defendant was sentenced to 6 months probation, paid $10,000 in restitution, and was ordered to pay $205 in fines, fees, and costs.
Summary:  The defendant made false statements in order to obtain workers’ compensation benefits and was working as a seasonal employee of IDOT while being paid temporary total disability (TTD).

 

Case Number:  13CF341
Case Name:The People of the State of Illinois v. Marcin Kulesza
County:  DuPage
Conviction Date:  02/13/2014 
IWCC Case Number:  N/A
Offense:  Workers’ Compensation Fraud (Class 4 felony)
Sentence:  The defendant was sentenced to 24 months probation, 5 days of the Sheriff’s Work Alternative Program (SWAP), ordered to pay $1,638 in restitution, and ordered to pay $1,477 in fines, fees, and costs.
Summary:  The defendant paid another individual $300 to create a fraudulent certificate of insurance, listing his company as the insured.  The defendant then presented the fraudulent certificate to a general contractor as proof of workers’ compensation insurance.

 

Case Number:  13CF438
Case Name:The People of the State of Illinois v. Elbert Rayford, Jr.
County:  McLean
Conviction Date:  01/24/2014 
IWCC Case Number:  11 WC 019644
Offense:  Workers’ Compensation Fraud (Class 2 felony) pursuant to 820 ILCS 305/25.5(a)(2)
Sentence:  The defendant was sentenced to 8 ½ years in prison, ordered to pay $585.38 in restitution, and ordered to pay $385.50 in fines, fees, and costs.
Summary:  The defendant misrepresented his medical condition to his doctors and physical therapists in order to remain off work, collect temporary total disability (TTD) benefits, and receive medical care that was no longer necessary.

 

Case Number:  12CF1994
Case Name:The People of the State of Illinois v. Michael Lobianco
County:  Winnebago
Conviction Date:  06/21/2013
IWCC Case Number:  10 WC 020592
Offense:  Theft <$300 (Class A misdemeanor) pursuant to 720 ILCS 5/16-1(a)(2)*
Sentence:  The defendant was sentenced to 24 months conditional discharge, 180 days in jail, ordered to pay restitution in the amount of $10,263.68, and ordered to pay $495 in fines, fees, and costs.
Summary:The defendant was found to be working while collecting workers’ compensation benefits and made misstatements concerning that employment in order to obtain temporary total disability (TTD).

 

Case Number:  11CF1754
Case Name:The People of the State of Illinois v. Gregory Kotrba
County:  Will
Conviction Date:  05/22/2013
IWCC Case Number:  10 WC 12261 / 10 WC 12262
Offense:  Attempt Workers’ Compensation Fraud (Class A misdemeanor) pursuant to 720 ILCS 5/8-4 and 820 ILCS 305/25.5(a)(1)*
Sentence:  The defendant was sentenced to 24 months conditional discharge and ordered to pay $500 in fines, fees, and costs.
Summary:The defendant presented a false claim and made material misstatements in order to obtain workers’ compensation benefits.

 

Case Number:  11CR18525 / 11CR18526 / 13CR7268
Case Name:The People of the State of Illinois v. Yong Yang
County:  Cook
Conviction Date:  04/12/2013
IWCC Case Number:  N/A
Offense:  Workers’ Compensation Fraud (Class 4 felony) pursuant to 820 ILCS 305/25.5(a)(5)
Sentence:  The defendant was sentenced to 18 months probation and ordered to pay $699 in fines, fees, and costs.
Summary:The defendant misclassified and under-reported employees in order to obtain workers’ compensation insurance at less than the proper rate.

 

Case Number:  10CR15275
Case Name:The People of the State of Illinois v. Waldemar Slezak
County:  Cook
Conviction Date:  01/28/2013
IWCC Case Number:  N/A
Offense:  Forgery (Class 3 felony) pursuant to 720 ILCS 5/17-3(a)(2)
Sentence:  The defendant was sentenced to 18 months probation and ordered to pay $1,605 in fines, fees, and costs.
Summary:  The defendant presented 57 false certificates of insurance and claimed his employees were subcontractors in an effort to avoid paying nearly $23,000 in workers’ compensation premium during an audit of his assigned risk policy.

 

Case Number:  12CF250 / 12CM8125
Case Name:The People of the State of Illinois v. William E. Mixon III
County:  St. Clair
Conviction Date:  01/02/2013
IWCC Case Number:  N/A
Offense:  Reckless Conduct (Class A misdemeanor) pursuant to 720 ILCS 5/12-5(a)*
Sentence:  The defendant was sentenced to 12 months conditional discharge, 50 hours of community service, and ordered to pay $500 in fines, fees, and costs.
Summary:The defendant, an insurance agent, provided fraudulent certificates of insurance to a client company.  The defendant was originally charged with multiple counts of Forgery pursuant to 720 ILCS 5/17-3 and Workers’ Compensation Fraud pursuant to 820 ILCS 305/25.5(a)(4).

 

Case Number:08CF450
Case Name:The People of the State of Illinois v. Robert Jones
County:  Lake
Conviction Date:  01/16/2013
IWCC Case Number:  04 WC 049439
Offense:  Theft >$100,000 (Class 1 felony) pursuant to 720 ILCS 5/16-1
Sentence:  The defendant was sentenced to 48 months probation, 400 hours of community service, ordered to pay $24,289.15 in restitution, and ordered to pay $3,529.62 in fines, fees, and costs.
Summary:  The defendant was discovered to be working another job while collecting temporary total disability (TTD) benefits.  The defendant was found guilty by a Lake County Jury in December of 2012.

 

Case Number:  11CF1797
Case Name:The People of the State of Illinois v. Jesus Leon
County:  Will
Conviction Date:  09/28/2012
IWCC Case Number:  09 WC 031850
Offense:  Attempt Workers’ Compensation Fraud (Class A misdemeanor) pursuant to 720 ILCS 5/8-4 and 820 ILCS 305/25.5(a)(1)*
Sentence:  The defendant was sentenced to 24 months probation, 1 day in jail, and ordered to pay $1,000 in fines, fees, and costs.
Summary:The defendant submitted a false claim, alleging an injury the day he was terminated by his employer, in an attempt to receive workers’ compensation benefits.

 

Case Number:  11CR3387
Case Name:The People of the State of Illinois v. Fred Purpura
County:  Cook
Conviction Date:  01/13/2012
IWCC Case Number:  N/A
Offense:  Insurance Fraud <$300 (Class A misdemeanor) pursuant to 720 ILCS 5/46-1(a)*
Sentence:  The defendant was sentenced to 12 months probation and ordered to pay $5,000 in fines, fees, and costs.
Summary:The defendant misclassified employees in order to obtain workers’ compensation insurance at less than the proper rate.

 

Case Number:  09CF377
Case Name:The People of the State of Illinois v. Jody Averaino
County:  Kane
Conviction Date:  03/09/2012
IWCC Case Number:  08 WC 038567
Offense:  Workers’ Compensation Fraud (Class 4 felony) pursuant to 820 ILCS 305/25.5(a)(1) and (a)(2)
Sentence:  The defendant was sentenced to 24 months probation, 50 hours of community service, $1,890 in fines, fees, and costs, and ordered to pay $4,104 in restitution.
Summary:The defendant claimed to have suffered a work-related injury that did not occur at work and made numerous false statements regarding the alleged injury.  The defendant was found guilty by a Kane County Jury in September of 2011.

 

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:  00 WC 023753
Offense:  Theft of Governmental Property $10,000 < $100,000 (Class 1 felony) pursuant to 720 ILCS 5/16-1(a) and (b)(5.1)
Sentence:  The defendant was sentenced to 36 months probation, ordered to pay restitution of $17,098.61, and assessed $3,485 in fines, fees, and costs.
Summary:  The defendant provided the Illinois Workers’ Compensation Commission false information so he could continue receiving Rate Adjustment Fund (RAF) 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:  08 WC 021522
Offense:  Insurance Fraud $300 < $10,000 (Class 3 felony) pursuant to 720 ILCS 5/46-1(a) and (b)(2)
Sentence:  The defendant was sentenced to 30 months probation, 10 days confinement in Shelby County Detention Center, ordered to pay restitution of $5,242.48, and ordered to pay $1,470 in fines, fees, and costs.
Summary:  The defendant was discovered to be working an alternate job while collecting temporary total disability (TTD) benefits.

 

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:  07 WC 054480
Offense:  Workers' Compensation Fraud (Class 4 felony) pursuant to 820 ILCS 305/25.5(a)(2)
Sentence:  The defendant was sentenced to 12 months probation and ordered to pay $570 in fines, fees, and 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:  05 WC 016689
Offense:  Workers' Compensation Fraud (Class 4 felony) pursuant to 820 ILCS 305/25.5(a)(1)
Sentence:  The defendant was sentenced to 18 months probation and ordered to pay $675 in fines, fees, and costs.
Summary:  The defendant was observed working an alternate job and collecting temporary total disability (TTD) 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:  06 WC 049308
Offense:  Workers’ Compensation Fraud (Class 4 felony) pursuant to 820 ILCS 305/25.5(a)(2)
Sentence:  The defendant was sentenced to 24 months probation, ordered to pay restitution of $12,923.56, and ordered to pay $1,710 in fines, fees, and costs.
Summary:  The defendant was discovered working an alternate job while collecting temporary total disability (TTD) benefits and made false statements to his doctors regarding his condition.

 

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:  07 WC 049803
Offense:  Workers' Compensation Fraud (Class 4 felony) pursuant to 820 ILCS 305/25.5(a)(2) / Perjury (Class 3 felony) pursuant to 720 ILCS 5/32-2(a)
Sentence:  The defendant was sentenced to 18 months probation, 40 hours community service, and assessed $625 in fines, fees, and 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:  N/A
Offense:  Theft > $100,000 (Class 1 felony) pursuant to 720 ILCS 5/16-1(a)(1) / Theft $300 ≤ $10,000 (Class 3 felony) pursuant to 720 ILCS 5/16-1(a)(1)
Sentence:  The defendant was sentenced to four years in prison.
Summary:  The defendant, an insurance producer, collected money for insurance premiums, 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:  86 WC 036557
Offense:  Theft of Governmental Property $10,000 ≤ $100,000 (Class 1 felony) pursuant to 720 ILCS 5/16-1(a)(1)(A) and (b)(5.1)
Sentence:  The defendant was sentenced to 3 years probation, 100 hours community service, and assessed $535 in fines, fees, and costs.
Summary:  The defendant provided false information to the Illinois Workers' Compensation Commission in order to continue receiving Rate Adjustment Fund (RAF) 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:  N/A
Offense:  Failure to File Federal Income Taxes (felony) pursuant to Title 26, United States Code, Section 7201
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:  06/16/2010
IWCC Case Number:  N/A
Offense:  Theft $300 < $10,000 (Class 3 felony) pursuant to 720 ILCS 5/16-1(a)(2)(A)
Sentence:  The defendant was sentenced to 24 months probation, ordered to pay restitution in the amount of $52,732, and ordered to pay $800 in fines, fees, and costs.
Summary:  The defendant was an insurance agent who collected money from clients for a non-existing workers' compensation insurance policy.

 

Case Number:  07CR25479
Case Name:  The People of the State of Illinois v. Zbigniew Szeliga
County:  Cook
Conviction Date:  12/04/2009
IWCC Case Number:  None
Offense:  Attempt Workers' Compensation Fraud (Class A misdemeanor) pursuant to 720 ILCS 5/8-4 and 820 ILCS 305/25.5(a)(4)*
Sentence:  The defendant was sentenced to one year conditional discharge, ordered to pay $8,500 in restitution, and assessed $225 in fines, fees, and costs.
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:  08/25/2009
IWCC Case Number:  06 WC 038230
Offense:  Forgery (Class 3 felony) pursuant to 720 ILCS 5/17-3(a)(1)
Sentence:  The defendant was sentenced to 18 months conditional discharge and ordered to pay $558 in fines, fees, and costs.
Summary:  The defendant provided false information on the Application for Adjustment of Claim filed with the IWCC.

 

Case Number:  07CF4206
Case Name:  The People of the State of Illinois v. Reuben Collier
County:  Lake
Conviction Date:  06/04/2009
IWCC Number:  N/A
Offense:  Theft (Class 3 felony) pursuant 720 ILCS 5/16-1(a)(2)(A) (two counts) / Forgery (Class 3 felony) pursuant to 720 ILCS 5/17-3(a)(2) / Workers' Compensation Fraud (Class 4 felony) pursuant to 820 ILCS 305/25.5(a)(4)
Sentence:  The defendant was sentenced to 30 months of probation, 2 months periodic imprisonment, 10 months electronic home monitoring, ordered to pay $97,236 in restitution, and ordered to pay $875 in fines, fees, and costs.
Summary:  The defendant, an insurance agent, 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:  05/15/2009
IWCC Case Number:  N/A
Offense:  Dumping Garbage on Real Property (Class B misdemeanor) pursuant to 720 ILCS 5/47-15(a)*
Sentence:  The defendant was ordered to $525 in fines, fees, and costs.
Summary:  The defendant made statements on an application for workers’ compensation insurance denying the use of subcontractors and later indicated to his insurance carrier that he used subcontractors when asked to provide payroll information for his employees.  The defendant was also charged with Workers’ Compensation Fraud (Class 4 felony) pursuant to 820 ILCS 305/25.5(a)(5) for making false material statements or representations in order to obtain workers’ compensation insurance at less than the proper rate.  This charge was dismissed in exchange for defendant’s plea of guilty to the lesser charge referenced above.

 

Case Number:  07CF1023
Case Name:  The People of the State of Illinois v. Robert Lee Walker
County:  Peoria
Conviction Date:  12/15/2008
IWCC Case Number:  06 WC 039878
Offense:  Workers' Compensation Fraud (Class 4 felony) pursuant to 820 ILCS 305/25.5(a)(1)
Sentence:  The defendant was sentenced to 30 months probation and ordered to pay $870 in fines, fees, and costs.
Summary:  The defendant admitted under oath that his injury did not occur at work.

 

Case Number:  07CF1547
Case Name:  The People of the State of Illinois v. Ghodrat Karami
County:  DuPage
Conviction Date:  10/08/2008
IWCC Case Number:  04 WC 035292
Offense:  Insurance Fraud < $300 pursuant (Class A misdemeanor) to 720 ILCS 5/46-1(a)*
Sentence:  The defendant was sentenced to 2 years probation, 100 hours of community service, ordered to pay $13,135 in restitution, and assessed a $1,957 in fines, fees, and costs.
Summary:  The defendant was observed working in his yard and violating medical restrictions while accepting temporary total disability (TTD) benefits.

 

Case Number:  07CF403
Case Name:  The People of the State of Illinois v. Maria A. Garcia
County:  Lake
Conviction Date:  08/26/2008
IWCC Case Number:  05 WC 019768
Offense:  Workers' Compensation Fraud (Class 4 felony) pursuant to 820 ILCS 305/25.5(a)(1)
Sentence:  The defendant was sentenced to 30 months conditional discharge, 200 hours of community service, ordered to pay restitution in the amount of $17,314, and assessed $850 in fines, fees, and costs.
Summary:  The defendant was observed working an alternate job and accepting temporary total disability (TTD) benefits.

 

Case Number:  07CF1056
Case Name:  The People of the State of Illinois v. Christopher C. Vaultonburg
County:  Peoria
Conviction Date:  07/17/2008
IWCC Case Number:  06 WC 027102
Offense:  Workers' Compensation Fraud (Class 4 felony) pursuant to 820 ILCS 305/25.5(a)(1)
Sentence:  The defendant was sentenced to 30 months probation, ordered to pay restitution of $10,000, and $1,030 in fines, fees, and costs.
Summary:  The defendant made false statements concerning his condition to his medical providers and was observed violating medical restrictions while working an alternate job and receiving temporary total disability (TTD) benefits.

 

Case Number:  07CF1804
Case Name:  The People of the State of Illinois v. Erica Miller
County:  Champaign
Conviction Date:  07/11/2008
IWCC Case Number:  None             
Offense:  Workers' Compensation Fraud (Class 4 felony) pursuant to 820 ILCS 305/25.5(a)(1)
Sentence:  The defendant was sentenced to 30 months probation, 100 hours of community service, ordered to pay restitution in the amount of $13,122, and assessed $360 in fines, fees, and costs.
Summary:  The defendant made false statements concerning her condition and 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:  05/13/2008
IWCC Case Number:  06 WC 012493
Offense:  Attempt Workers' Compensation Fraud (Class A misdemeanor) pursuant to 720 ILCS 5/8-4 and 820 ILCS 305/25.5(a)(1)*
Sentence:  The defendant was sentenced to 12 months conditional discharge, ordered to pay $100 restitution, and assessed a $190 in fines, fees, and costs.
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:  01/16/2008
IWCC Case Number:  06 WC 026069
Offense:  Workers' Compensation Fraud (Class 4 felony) pursuant to 820 ILCS 305/25.5(a)(1)
Sentence:  The defendant was sentenced to two years in prison and ordered to pay $500 in fines, fees, and costs.
Summary:  The defendant altered medical records to obtain benefits he was not entitled to receive.

*Reduced from felony