FOR IMMEDIATE RELEASE: February 9, 2001

FOR FURTHER INFORMATION CONTACT: Paul Loriquet (609) 292-4791

TRENTON - Attorney General John J. Farmer, Jr. today announced that two Irvington men were indicted by a State Grand Jury for assuming fictitious identities and obtaining payment for medical treatment in connection with an automobile insurance claim.

The Attorney General said that John Datus, 36, and Bellamy Antoine, 35, both of Irvington, New Jersey, were charged with Conspiracy, Health Care Claims Fraud, both in the second degree, as well as Attempted Theft by Deception, in the third degree and two counts of Falsification of Records Relating to Medical Care in the fourth degree.

The indictment charges that between February 16, 1999 and October 21, 1999, in East Orange, New Jersey, Datus and Antoine assumed the fictitious identity of one "Lloyd Inch," and faked injuries as if they had been injured in a motor vehicle accident. It is also charged in the indictment that both Datus and Antoine retained an attorney for the purpose of pursuing an automobile insurance Personal Injury Protection (PIP) claim for monetary damages related to pain and suffering resulting from the purported motor vehicle accident.

The indictment alleges that Datus also caused the First Trenton Companies, an insurance carrier, to be contacted, so that his medical bills were covered by the insurance company. It is anticipated at trial that the evidence will demonstrate that those bills were in excess of $5,000.

The indictment alleges that both Datus and Antoine took steps to file Personal Injury Protection (PIP) claims. Typically auto insurance policies provide PIP protection which has three components. First, PIP claims cover medical bills and expenses. Second, PIP claims cover essential services such as housekeeping services for those people who are injured and cannot care for themselves or their households. Third, PIP claims cover lost wages for people who miss work due to their injuries. Additionally, insurance claimants will often seek a bodily injury settlement which compensates them for "non-economic losses" such as "pain and suffering" as the result of injures arising in connection with a motor vehicle accident.

According to Acting Insurance Fraud Prosecutor John J. Smith, utilization of false identification to submit insurance claims can be a serious problem.

"The use of fictitious identifications, such as false driver's licenses and other commercially obtained identification cards allows persons who are inclined to submit false insurance claims to do so relatively anonymously. It also thwarts law enforcement investigation because locating and uncovering the true identity of a fictitious person can make the investigation of these cases much more difficult," said Smith.

Attorney General Farmer noted that Datus and Antoine were charged under the State's Health Care Claims Fraud statute. The Health Care Claims Fraud statute is a statute which became effective January 15, 1998 and which can be applied to both medical service providers, and to private insurance claimants such as it is alleged that Datus and Antoine were in this case. The Health Care Claims Fraud statute provides for more severe second degree penalties to include jail sentences in State Prison for health care claims fraud crimes which, if charged under the theft statute, would be less serious crimes.

If convicted at trial, Datus and Antoine could face prison sentences of up to between five and 10 years, and $150,000 in criminal fines. Civil insurance fraud penalties might also be imposed in this case.

The investigation was conducted by the Division of Criminal Justice's Office of Insurance Fraud Prosecutor. Deputy Attorney General Steven Farman and State Investigator Kristen Coale were in charge of the investigation.

An indictment is merely an accusation. The defendants are presumed to be innocent unless and until the State proves them guilty beyond a reasonable doubt.