TRENTON - Division of
Criminal Justice Director Vaughn L. McKoy
announced that the Division of Criminal
Justice - Office of Insurance Fraud Prosecutor
has obtained an indictment charging a
Passaic County man with conspiracy, attempted
theft by deception and insurance fraud
for his role in an automobile insurance
“give up” fraud.
According to Director
McKoy and Insurance Fraud Prosecutor Greta
Gooden-Brown, Juan Feliz-Pena, 58, Hope
Avenue, Passaic, Passaic County, was charged
with conspiracy, attempted theft by deception
and insurance fraud (all 3rd degree).
If convicted of all charges, Feliz-Pena
faces up to 15 years in state prison and
a fine of up to $45,000. In addition,
Feliz-Pena faces the possibility of the
imposition of civil insurance fraud fines
pursuant to the Insurance Fraud Prevention
Act. The defendants will be ordered to
appear in Passaic County Superior Court
for arraignment and bail at a date yet
to be determined.
The Passaic County Grand
Jury indictment, returned on Jan. 21,
alleges that between Oct. 7 and Nov. 20,
2003, Feliz-Pena and Amalia Vanlaparra,
54, Bruner Avenue, Bronx, NY, took part
in an automobile “give up”
scam”. A “give up” is
when the owner of a car voluntarily transfers
the car to another person so that the
car can be hidden, resold with a different
Vehicle Identification Number (VIN), or
chopped for parts so that the owner can
claim it was stolen and submit a false
automobile insurance theft claim.
An investigation by the
Division of Criminal determined that Feliz-Pena
and Vanlaparra paid $500 to several people
- one of whom was an undercover State
Investigator assigned to the Office of
Insurance Fraud Prosecutor - to take Valaparra’s
leased Toyota RAV4 so she could submit
a phony automobile insurance theft claim.
According to the indictment,
Vanlaparra submitted a phony auto theft
police report to the New York Police Department.
Following this submission, a false theft
claim worth $19,000 was allegedly submitted
to Geico Insurance Company for the RAV4.
On Aug. 12, 2004, Vanlaparra
pled guilty to an Accusation charging
her with insurance fraud (3rd degree)
before Passaic County Superior Court Judge
Marilyn C. Clark.
State Investigators Joe Vendas, Marc Cofone
and Luis Cruz, and Deputy Attorney General
Richard W. Queen were assigned to the
investigation into this case. DAG Queen
represented the State before the Passaic
County Grand Jury.
"Automobile theft
in New Jersey continues to be a target
of law enforcement investigation and phony
automobile insurance theft claims resulting
from automobile "give up" schemes
remain a priority for the Office of the
Insurance Fraud Prosecutor," Prosecutor
Gooden-Brown said. "Too many people
are willing to lie to an insurance company
and claim their car was stolen in order
to avoid a repair bills or end-of-lease
payments. This indictment demonstrates
the Office of Insurance Fraud Prosecutor’s
resolve to vigorously investigate and
prosecute such cases.”
Noting that some important
cases have begun with anonymous tips from
the public, Prosecutor Brown emphasized
that individuals can make a difference.
“We need people’s information,
not their identities. People who are concerned
about insurance cheating and have any
information about a fraud can call our
toll-free hotline at 1-877-55-FRAUD,
or visit our Web site at www.NJInsurancefraud.org
.”
A indictment is merely an accusation.
The defendant is presumed innocent unless
and until proven guilty beyond a reasonable
doubt.
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