COMPSTOMPERS

Another satisfying outcome!

2010-09-22T13:50:00.000-04:00

Alexis Muniz, 28, of Accord, was sentenced in Sullivan County Court after pleading guilty to accepting workers' compensation while employed full-time at an apartment complex. She was sentenced on felony charges of grand larceny and workers' compensation fraud. - from http://readme.readmedia.com/Facebook-Post-Leads-to-Fraud-Conviction/1722954

We did surveillance on Ms. Muniz in 2008 and 2009, and she was quite the active lady, with a penchant for posting her life's developments on Facebook and Myspace. NYSIF Frauds Bureau kicked big butt on this one, congratulations to them!

How the Workers' Compensation Board's shortsightedness hurts us all.

2010-04-26T14:48:00.000-04:00

http://www.workerscompinsider.com/2010/04/justice-for-new.html
This is a great article from Workers' Comp Insider detailing the process that led First Cardinal Insurance to move it's operation out of New York and lay off more than 50 workers. The NYS WCB forced this move by upping the annual assessment of self insured groups operating in the black to ten times what they had previously been, effectively crushing them.
Recently, a NYS judge reviewed this decision and reversed it. Unfortunately it was too late to stop the damage. We'll see how this situation continues to develop, as the WCB has decided to appeal.

We get results.

2010-04-15T11:16:00.001-04:00

Sometimes the Workers' Compensation Fraud surveillance industry is frustrating. Often, you get great, solid proof that a claimant is working or is malingering, only to have the case wind up coming in again a year later, with the client looking for seemingly endless evidence of the fraud in order to prosecute. Sometimes, you get a relatively short piece of video of someone's activity and the next thing you know, the heat is on and their benefits are discontinued. Much of the time however, you go out and do surveillance and you just never find out what results from it.
We strive for objectivity in our investigations, and attempt to give our clients a straightforward and unbiased view of events as we observe them, without making any judgement as to the character of the subjects of the investigation, that's the way we retain our integrity. Sometimes though, you have a case on someone who you strongly believe is abusing the system for their own gain, for no other purpose than the fact that they are simply too greedy or too lazy and don't mind stealing money from an insurance company. Most of the time we don't find out what happens to these people either after our part in the investigation is over, but every once in a while, you get a little bit of satisfaction in learning that there is a chance that the person may be held accountable for their actions.
The below article is proof that surveillance can make a difference, and that some fraud is prosecuted to the full extent of the law, and it is very satisfying to know that your agency was responsible for helping to make it possible.

http://www.registerstar.com/articles/2010/03/19/news/doc4ba2f0374c649410906444.txt

This Guy is on FIRE!

2010-03-15T10:05:00.001-04:00

Below is a link to an interesting article demonstrating once again how far some people will go to file an insurance claim. This upstate NY man (not too far from our offices actually) set his house trailer on fire. It then exploded, allegedly throwing him 35 feet and causing some injuries. He filed an insurance claim and received about $2,000 in funds as a result. An investigation has now uncovered the fact that he set the fire himself, and he faces the possibility of up to 15 years in prison for arson and insurance fraud. Was it really worth it buddy?

http://tinyurl.com/y92z6sj

What's up with Digital Evidence?

2010-03-12T16:03:00.002-05:00

In our office, there is much talk about the admissibility of digital evidence in court. One reason for this is that one of our bigger clients does not accept surveillance video on digital media, ie: hard drives, SD cards, etc. This forces us to maintain an ever-mouldering and increasingly anachronistic and difficult to replace inventory of 8mm and DVC cameras. Each of our investigators has to carry one of these in addition to whatever digital video equipment they may also use.
From our perspective, digital equipment trumps analog on almost every count. It is smaller, more easily concealed, comes in a multitude of form factors from watches to pens to actual cameras, and you can use the storage media over and over again. Its like a dream come true really. Still though, some clients are wary about diving into these pixel-y waters. Why?
The short answer is that people think digital evidence can be tampered with, raises a billion chain of custody issues, and may not stand up to the ravagings of any particularly knowledgeable lawyer in court. I'm not sure if this has any real ring of truth, as we have presented both analog and digital evidence without any credibility issues whatsoever, but the fears persist.
I read an interesting article on this recently, and there are a multitude of sources out there if you google the subject, but as far as digital video goes, here are some points where they all seem to concur:

The Definition of "Original" - for a writing or a recording, Federal Law states that an original is the thing itself, or any counterpart that is intended to have the same effect on the viewer or reader. For example, an "original" of a photograph is the negative, or any print made directly from the negative without alteration. Simply put, if a copy, print, or alternative presentation of the data accurately reflects the original, it can also be considered original.

The Definition of "Duplicate" - a reproduction of an original using a technique such as photography, re-recording, chemical reproduction, or a similar technique which produces a copy of the original. (this gets into some interestingly fuzzy territory in my book)

Chain of Custody for digital photos and video -

Burn a non-rewriteable CD or DVD directly from the media using a stand alone burner or a computer (although the stand alone method is preferrable)
Make two "copies" of the evidence. Place one in a file or secure location where it will not be tampered with or altered (a restricted access area would be ideal) and be sure to mark it with the date and the initials of the person who made it or some similar identifier. The other copy should be used when you need to review or examine the photo or video, so that there remains one copy that has been untouched after it was made.
Keep a log anytime you move or handle the evidence. Make sure you note who does this, the date, and reason.
Remember that a CD or DVD containing video or photos is essentially no different than any other piece of analog or physical evidence, and the same rules for securing it apply. Everything CAN be tampered with, but the point of having evidenciary rules and chain of custody procedures is to maintain the integrity of the evidence.
You should find out what specific rules or guidelines are operating in your state or region. Expert pages has a good listing of these at: http://expertpages.com/news/state_rules_of_evidence.htm

There is a lot of reading to be done on the subject. The best article I read was in PI Magazine , but there are hundreds of other resources as well that I was able to find in just a cursory search. As we go forward, digital video, audio, and photographs are likely to be the new evidenciary standard for PI's everywhere, as there will really be a limited field of other options for camera and recording equipment. Therefore, it is best to get in some good habits now with regard to keeping this kind of evidence secure and intact. Don't want to get caught with your pants down!

Dead hard drives may still tell tales...

2010-03-10T12:19:00.001-05:00

This is not surveillance related, but is definitely the cause of a lot of fraud out there, especially identity theft. Have any of you ever thrown away a computer? Sent an old PC to a recycling center? Did you erase the contents of the hard drive, I mean really erase them?
Chances are you didn't. You may have formatted the drive, making it appear as though nothing is on it, or even just sent all the items from the drive into the Recycling Bin and then dumped it. Sadly, this doesn't really erase anything.
Some fraudsters out there are pretty clever. They will hang out in an alley and steal the hard drives from computers in a dumpster near a business that is retooling or upgrading. There are some electronics recycling center employees who are willing to grab a hard drive here and there, especially one that comes from a computer that was top-of-the-line when it came out. There are even quite a few people lurking around on Craigslist hoping that you will sell them your outdated computer cheap, so they can harvest your personal info. This is not a joke.

When you delete something from your hard drive, you don't really get rid of it. You are simply telling the computer that it is OK to overwrite the information that is stored in that particular area. So the computer changes the first character of the filename to a little symbol, and then overwrites the file, just as soon as it has something new to put there. That means, with a little bit of cleverness and a lack of scruples, an enterprising person can retrieve all or part of the information that you think you deleted. That includes passwords, credit card numbers, SSN's, love letters, cake recipes, whatever.
There is a way to make sure that your hard drive is TOTALLY cleaned up before you sell your computer, or throw it out, or recycle it. There are several different standards for how thoroughly you need to overwrite the data (for example the Pentagon overwrites their data 7 times before considering it beyond retrieval), but some of those methods verge on straight paranoia. The link below should give you a good idea of how to go about doing it yourself, reasonably. Stay protected, fraud never sleeps.

http://tinyurl.com/y8napma

6 Surveillance Essentials

2010-02-16T13:55:00.001-05:00

At Accurate Investigative Services, surveillance is our specialty. We do many other things as well, but we are proudest of our consistent ability to get video evidence of WC claimant's fraudulent activities, fraudulent "accident" victims, infidelity, and whatever else we may be hired to capture on film or hard drive. In the 19 years we have been in business, we have learned a thing or two about what goes into a successful surveillance investigation. Here are our tips for what an honest and dilligent PI company would offer (in no particular order):

1.They will ask questions - when you (the client) assign a case to an investigator, you may think that you have included all of the relevant information. However, this is not always the case. A good investigator will be heads up enough to periodically ask you for information that they think you might have that could expedite results.

2. Constant Contact - The investigative vendor should provide you with regular updates as to the status and progress of your investigation. This may range from a short blurb once a week to a summary of several days of investigation every 10 days or two weeks or so, but rarely should a case go longer than that without you knowing what is happening. Some of our clients even ask for and receive updates from the field whenever their case is being worked. It's called customer service. If an investigative company has had your case and hasn't started working it within a 14 day time frame, chances are they don't consider you a priority and aren't giving your file the attention it needs to get good results. There are, of course, extenuating circumstances and exceptions to this rule, but they are few.

3. Pre-Surveillance/Background Research - Pre-surveillance research is absolutely crucial to starting an investigation out on the right foot. A good investigator will be adept at searching internet databases, relevant social networks, both online and physical public records, and any other sources of information that may provide insight into the subject's activities. In the past we have even sifted through garbage periodically when it was relevant (and legal). Sometimes a Myspace, Facebook, or Twitter account will be an information goldmine. Other times a DMV search or even a Google search will provide you with what you need. As much respect as we may have for the old school stakeout methodology, if your vendor does not do thorough internet research as a prelude to each and every surveillance, they are far behind the times. Incidentally, at Accurate, we consider this type of research so essential to conducting a good investigation, that we provide it FREE OF CHARGE to our clients.

4. Equipment - Your investigative vendors should have a variety of equipment to meet the needs of different surveillance investigations. Obviously, all surveillance is not going to be conducted from a car or van. Sometimes investigators are required to go into bars, nightclubs, businesses, medical offices, etc. in order to obtain video. In these situations, covert body video equipment is necessary. A good investigative company will have the capability to conduct surveillance in these kind of off-the-beaten-path locations. Each of our investigators is equipped with several different cameras, both digital and analog - in order for us to meet the needs of our clients, some of whom still require analog videotape evidence. Once again, an investigator should be equipped to meet your needs.

5. Availability - Is your investigator able to work weekends, nights, holidays, when it's snowing, on short notice, etc? Oddly enough, not all investigative companies can answer "Yes" to all of those criteria. Surveillance is not a 9-5, Mon-Fri job. It often requires irregular or extended hours, travel out of the area, or re-scheduling to work around any known last-minute changes in the schedule of the subject being watched. A good investigative firm will be able to adapt to these changing needs. At Accurate, if one investigator cannot handle a case due to a scheduling conflict we are nearly always able to get another investigator to cover the file, even on short notice. We cover night and weekend shifts regularly, and our investigators are used to adjusting their schedules to fit the needs of their investigation. Many larger companies schedule their investigators far in advance and are not able to cover shifts on short notice, and that's not the kind of service that yields consistent results.

6. Objectivity - Although the investigator works for you, they should remain as objective as possible. A good investigator will simply observe and report, without embellishment, opinion, or spin. This means that even if your wife isn't cheating on you like you think she is, even if your possibly fraudulent WC claimant is REALLY hurt, they will tell you exactly what they've seen. This is important, because if a case goes to trial, the moment that a judge or jury gets the sense that the investigator is attempting to skew the results of an investigation in favor of the client, the evidenciary value of the surveillance goes right out the window. It is not our job to give you the results you want, it is our job to explain to you what we have observed and let you or someone else be the judge. Integrity is the name of the game.

These are just some guidelines for what you, as a potential client, should look for in an investigative company if you want to assign surveillance that is likely to yield results. It is also important to keep in mind that the results of surveillance also are affected by a number of unknown factors, such as the personality and whims of the subject who is being watched. Because of this it is vitally important that the investigator know as much as possible about the subject, and be prepared to employ a variety of effective tactics to observe any potential activity. In then end however, it is ultimately the investigator's job to keep you apprised of the progress of a surveillance at regular intervals and to make sure that you have an objective and unbiased picture of the subject's activities, whatever they may be. Keep these things in mind when assigning surveillance, and best of luck!

Albany Claims Association meeting 2/18/10

2010-02-12T15:53:00.000-05:00

The next ACA meeting will be on Thursday 2/18/10. As usual, the meeting will be held at the Crossgates Restaurant, 225 Washington Ave. Ext. Albany, NY 12205. Cocktail hour will start at 5:00 PM, with FREE Beer and Wine, followed by dinner and the meeting.

The speaker will be former ACA president Chris Lemire of Lemire and Johnson Law Firm, and Bill Pausley from the firm of Stockton, Barker and Mead. They will be speaking on the new PPD rating system. Be sure to RSVP to wmichelsen@advocase.com by 12:00 PM on 2/17/10 if you're attending!

If you are in the area, come to the ACA meeting, its a good group and the food is good! Check out www.albanyclaims.com for more info.

Local Official Convicted of Fraud!

2010-02-09T14:52:00.000-05:00

PostStar.com article regarding fraud commited by a local official: http://www.poststar.com/news/local/article_7d8d7286-0b8d-11df-9968-001cc4c002e0.html

A member of the Glens Falls, NY Board of Public Safety was recently convicted of fraud for making false statements concerning his back injury that was allegedly incurred when he worked as a postal worker. Hilariously, William Casey, the claimant, told postal service officials that his injury restrictions "did not apply to his off-duty hours". Amazingly, this justification fell upon deaf ears, and Mr. Casey faces a possible maximum sentence of up to 5 years in federal prison or a $250,000 fine.
As you can tell from this article, it's not always the ones you expect out there trying to get it over on the system.

Friday roundup - social networking

2010-02-05T12:29:00.000-05:00

http://pinewswire.blogspot.com/2010/02/social-media-risks-basics.html

This is an interesting article about the risks of social networks. How often are they hacked, what kinds of scams are people trying to perpetrate on the different sites, how safe is your identity? This is a decent read and a good overview of the risks involved in putting your information on the web.

Twitter followers/Feeds we like:

Our fledgling Twitter feed at www.twitter.com/compstompers has been getting some new followers, and a lot of them offer some good insights into different aspects of the claims business and surveillance. here are some twitter feeds we have found particularly interesting:

Claims: @theClaimsSpot @workcompinsider @claimsmagazine @CHRPPclaims

Investigators: @CanadianPI @PrivateEyeLI @PInewswire

Capital District/Albany: @alloveralbany @WNYT @WAMC @CBS6Albany @pricechopper

check it out!

I hope everybody has a nice Superbowl weekend, no matter who you're rooting for (even if you only watch for the commercials). Be safe and have fun!

Insurance Fraud is on the rise across the board

2010-02-02T12:44:00.000-05:00

http://www.timesunion.com/AspStories/story.asp?storyID=775393
http://www.fiercehealthcare.com/story/health-insurance-fraud-rise/2010-01-29
http://www.siliconmdt.com/state-new-york-iinsurance-industry-affected-rise-no-fault-fraud-claims

Here are three interesting articles about the rise of different kinds of insurance fraud from 2009 into 2010. With the economy still foundering, this will only become a more pronounced problem. Every sticky fingered, down-on-their-luck, "poor me" scammer out their that has his or her head filled with dreams of easy money and days of sitting around watching daytime television while they collect our money seems to think that now is a great time to cash in. This is especially true for those would-be claimants who are having trouble making ends meet with their current job and don't have any qualms about getting hurt at work so they can go out to make a little dough on the side.
Do you have a WC claim involving a person whose hours at work were recently reduced, or had their overtime taken back? A claim involving someone who has recently had more job duties added to their workload because of cutbacks elsewhere? A claimant that you know has had financial troubles recently?
A little investigation now can go a long way toward mitigating these claims in the long run, especially with nice weather on the way within the next month or so.

10 Tips for Spotting WC Fraud

2010-01-27T08:48:00.000-05:00

This is an interesting article I came across the other day regarding 10 telltale signs of Workers' Compensation Fraud. This is a good list for any business owner who may suspect an employee of a bogus claim, but isn't sure about whether they are just being paranoid or not. I actually know a few claim handlers who might find this of some use as well! Some of the points are pretty obvious, but the list could be helpful nonetheless.

By Felicia Williams from Suite101.com
http://business-insurance.suite101.com/article.cfm/workers_comp_fraud

1. Lack of prompt reporting: In general, injured employees will report a claim on a timely basis. Late reporting in and of itself is not necessarily a cause for alarm, but it ought to be a signal to review the claim a little more closely than timely reported claims.

2. Sketchy details: Most claimants can recall the details of their injury. If the claimant seems to be fuzzy on the details and gives vague responses to questions, another reason to keep a close eye on the progression of the claim.

3. No Witness: Not every claim has a witness and should not be used solely to determine fraud, however, if many of the other signs are present, it will be hard to dismiss the lack of a witness.

4. Discrepancy in story: Upon further investigation, the claimant keeps changing the story and adding, removing pertinent information, a good reason to suspect it to be a fraudulent workers compensation claim.

5. First day of the week claims (Monday): If the injury allegedly occurred on Friday, usually late in the day, but did not get reported until Monday, there is reason to suspect there might be a little more going on than meets the eye.

6. Disgruntled employee: A disgruntled employee is more likely to place fraudulent claims than an employee with high job satisfaction.

7. Financial hardship at home: Workers compensation benefits are sometimes seen as a way out of a tight financial situation at home.

8. Employee never answers the phone (not home) and will call back in just a minute: If this happens once or twice, it may just be coincidental, but if it occurs every time the claimant is called, there is a possibility of fraud.

9. Misses medical appointments: If an employee is truly injured, they want to get better and will make sure to attend all necessary medical appointments. Missing appointments is another reason to suspect fraud.

10. Employee is engaged in activity that is not consistent with the injury sustained: If your employee reported a back injury and several other employees find that he is at home building a deck, there is a good reason to suspect fraud.

Any one of the above tips on their own is not enough to suspect fraud, but usually there are more than one telltale sign. If you do suspect fraud contact the workers compensation board in your state to find out how they handle fraudulent workers compensation claims.

CANCELLED!

2010-01-25T10:58:00.001-05:00

The Southern Tier Claims Association monthly meeting this week in Vestal, NY HAS BEEN CANCELLED! We will post information about any rescheduling of the event if it is made available.

Come to Our Party! Learn Something!

2010-01-20T16:35:00.004-05:00

We are co-sponsoring a half day educational seminar at the Crossgates Restaurant on Washington Avenue Ext. in Albany, NY on March 1^st. The free seminar will include guest speakers talking about issues relevant to the Comp Claim industry; including surveillance and claim fraud investigation. (Speakers and topics to be announced later).

Social Networking and Investigations: A Love Story

2010-01-14T14:05:00.001-05:00

I don't care what kind of an investigator you are; law enforcement, fraud, matrimonial, etc. - social networking is your new best friend. Whether it be MySpace, Facebook, Twitter, Friendster, or any of the hundreds of other niche sites out there catering to a specific segment of the population, collectively, these profiles are a goldmine of information.
Oh, the stories I could tell about how social media has worked to our benefit when conducting investigations. There was the time that we found information that a claimant was working because he was foolish enough to list his new job under the Occupation section on his Myspace profile, or the claimant that we found working because in the Comments section, one of her "friends" asked to switch shifts with her. Then there was the guy we were following on Twitter who liked to go to bars on the weekends and tell all of his friends exactly where he was going to be. I was even getting his tweets sent to my phone as text messages and notifying the investigator to be where the claimant was planning on partying that evening.
All of that is incredible, and sadly, doesn't fall into your lap like it used to anymore as an investigator. Now, more than likely a subject's Myspace or Facebook profiles will be private and restricted to being viewed by only those in their network. If the person is particularly savvy, they will even protect their tweets on Twitter (if you are lucky enough that they even have a Twitter account). This, of course, is where the investigator's research and social engineering skills come into play. You have to get whatever valuable information you can from these sites and parlay it into some actual results somewhere along the line. Sometimes, its just a matter of giving you a little advantage by getting a picture of the person you are looking for, other times its a hint that they leave in their status updates. Every Once in a while, you can even weasel your way into their network and see everything.
Either way, you have to be familiar with the social networking world and internet research in order to reach out and grab these little nuggets of information. For example, how do you find a person on a social networking site? Which one might they be on? Is there a difference between Myspace, Facebook, Friendster, BeBo, LinkedIn, and Twitter? If so, what are the differences? I'm not going to reveal everything I know about these sites all in one blog post, but suffice it to say they are all different, and different approaches to gathering information are required for each. In addition to that, the short list above is only the tip of the iceberg when it comes to social networking sites, and new ones are popping up every day to serve new demographics.
In my opinion, knowing how to mine these sites for information about your subject has become an essential tool to get a surveillance investigation off on the right track. Sure, sometimes you don't find any info about your target on the internet, but when you hit paydirt, it can make all the difference. Most of the time, you wind up somewhere in between, but more information is always better than none.
If you are currently employing the services of an investigator who you have never seen mention the results of any social networking research in a report, ditch 'em - fast. As time goes on, more people will be using these sites, and more information in general will be floating around on the internet; if your investigator doesn't understand how to perform a Google search properly, or doesn't keep up to date on which networks a subject might be likely to use, you're passing up information that could possibly make your whole case.
AIS - our company, routinely includes social networking research as a FREE part of the pre-surveillance check we do when opening a case, and it has served us well many times.

I would like to add, as a small caveat, that no amount of research can replace the work of a good, heads-up surveillance investigator, because that's what gets you the video evidence that you need. However, some of us have both computer savvy and surveillance skills, and that makes all the difference.

Just FYI, the following link goes to a list of the top 10 social networking sites (by membership) in 2010 so far:
http://social-networking-websites-review.toptenreviews.com/

Happy hunting.

When surveillance pays off!

2010-01-06T13:36:00.000-05:00

From: http://www.recordonline.com/apps/pbcs.dll/article?AID=/20100106/NEWS/100109865

Area women charged in insurance scams

MONTICELLO - Two women have been arrested in unrelated disability scams.

Tina Dowe, 39, of Fallsburg, and Alexis Muniz, 27, of Accord, were charged with felonies for obtaining or attempting to obtain disability insurance while working elsewhere.

Dowe filed for full disability with the New York State Insurance Fund when in fact she was working as a cook, troopers say. Muniz collected $8,000 in workers compensation benefits from May to December and twice gave false testimony to the Workers Compensation Board in the Village of Monticello stating she hadn’t returned to work, when in fact she was employed and receiving benefits, police say.

Dowe was charged with first-degree offering a false instrument for filing and committing a fraudulent practice. Muniz was charged with perjury, grand larceny and committing a fraudulent practice.

Both have been released pending future court dates.

Victor Whitman

Some good old-fashioned surveillance work was able to reveal what these two claimants were really up to. Now they are going to have to face the possibility of answering for it. If there were more prosecutions for WC fraud, there would undoubtedly be a lot less people jumping on the WC bandwagon to get some "vacation time". Its a combination of good research and surveillance that gets these kinds of results, and nothing else. So claim handlers - next time you think you have a fraudulent claimant and you don't know whether its "worth it" to assign some surveillance - here's proof that it definitely can be.

Why Alive and Well Checks are a good idea...

2010-01-04T14:02:00.005-05:00

From: The Albany Times Union
http://www.timesunion.com/AspStories/story.asp?storyID=883265&category=region

Saratoga County couple charged with cashing dead man's checks

By DENNIS YUSKO, Staff writer

ALBANY -- A Saratoga County couple are among three people charged with illegally collecting workers' compensation, the state Insurance Department said Wednesday.

Geoffrey Gabel, 40, and his wife, Kelly Gabel, 38, turned themselves in to Albany police Monday following an investigation by the Insurance Department's Frauds Bureau, spokesman Ron Klug said.The Gabels, of North Second Street, Mechanicville, allegedly cashed more than $13,000 in workers' compensation checks that had been sent to Paul Gabel, Geoffrey Gabel's dead father. They are charged with third-degree grand larceny, a felony, Klug said. He could not say if or how the alleged stolen money was spent.
An investigation began after a routine check by Crum & Forster Indemnity Co., a workers' compensation insurer, revealed that the elder Gabel had died in September 2008, Klug said.
The Gabels were arraigned in Albany City Court and released on bail, Klug said.
They face up to seven years in prison if convicted. A hearing will be scheduled in Albany County Court.

You may not be able to "take it with you" when you're gone, but your sketchy relatives sure could use it. This type of scenario is all too common in the news in recent years. As the story indicates, a form of Alive and Well check probably saved another $10,000 in ill-gotten benefits. These should be done frequently to guard against this. Dead men may not tell tales, but they can apparently still cash checks.

Albany Claims Holiday Party Recap 12/17

2009-12-21T11:22:00.005-05:00

The Albany Claims Association had their annual holiday party on Thursday 12/17. It was well attended, with approximately 90 people showing up to celebrate. The food and drink were excellent, and entertainment was provided by comedian Vinnie Mark, who presents a hilarious blend of magic and comedy. Also, he's "been on Letterman", at least that's the rumor. check him out at: http://www.comedyontheroad.com/vinnie_mark.html

New Officers were elected for 2010, and everybody is optimistic about moving into the new year with a bigger and better organization of capital area claims professionals. Here are a couple of pictures from the event:

For any more info on the Albany Claims Association, check out their website http://www.AlbanyClaims.com

New Job Opening at AIS! Come work for the best!

2009-12-16T11:37:00.000-05:00

FIELD INVESTIGATOR / FIELD INVESTIGATOR TRAINEE

Location: Capital Region – Mohawk Valley Area, NY

Pay: 30,000.00 - 43,000.00 USD /year

All Equipment Furnished

Status: Full Time – Immediate Opening

Job Description:

We are looking for an above average candidate who has a passion for uncovering the truth. Are you a results-oriented individual who can work independently and think quickly on the run? If you’ll take those extra steps to do whatever it takes to reach your goals, then we have an enriching career opportunity for you. If you hate to see people cheating the system and are dedicated and enthusiastic about combating insurance fraud, a career as a Field Investigator is for you. This is a phenomenal career opportunity for the right individual! Our motto is “The truth is Out There” and we’re looking for a good investigator to help us uncover it.

We are Accurate Investigative Services, Inc, a multi-state private investigation agency which offers a full range of services to insurance companies and self insured’s. Our investigators conduct a wide range of investigative services, from video surveillance to complete background checks. We are one of the fastest growing investigative companies headquartered in New York and we have an established reputation of honesty and integrity. This is a career opportunity with room for advancement for those individuals who excel. The work hours can be long and irregular. Surveillance can take place on nights, weekends and holidays. Knowledge of personal computers and electronic surveillance equipment is required. We offer a complete benefits package, including medical insurance, 401-K retirement plan and paid vacation.

Qualified candidates must, have a good driving record and clean criminal background. We prefer candidates who have a college degree, prior military, loss prevention or law enforcement experience, however, we will consider other applicants who demonstrated proficiencies in these areas.

Applicants must reside in the Capital Region / Mohawk Valley (Schenectady - Utica) area for consideration. Must have a have the ability to work evenings and week-ends as required, and be willing to travel. Vehicle allowance, fuel reimbursement, on the job training and all surveillance equipment is provided.

Please visit our web site @ www.Acure8.com for more information.

FOR CONSIDERATION, Please apply via fax at (518) 943-6140 or E-mail your resume information to: Mjohnson@Acure8.com (TEXT DOCUMENTS ONLY ) No downloads or attachments will be accepted.

Thank you for your interest in Accurate Investigative Services, Inc.

Contact Information:

Accurate Investigative Services, Inc

Human Resources Manager

PO Box 122

Athens, NY 12015

No Calls Please

Southern Tier Claims Association meeting

2009-12-11T15:48:00.000-05:00

Here are some pictures from the recent December meeting of the Souther Tier Claims Association in Binghamton, NY. A great time was had by all. Feel free to message us with any inquiries if you are interested in coming to a meeting in the future!

Getting Hammered!

2009-12-10T13:45:00.000-05:00

So it seems that the hot new thing in the world of fraud recently are these things called Hammer and Nail scams. In this set up, two or more people stage a minor auto accident. The person doing the hitting is the Hammer, the person getting hit is the Nail. The accident always results in some injury for the Nail, and they wind up going to the hospital with neck pain, back pain, disc injuries, etc. They file injury claims and get the insurance payments sent directly to them, then skip out on what they owe the hospital, and sometimes attempt to collect other payments as well.

Despite the fact that this idea seems totally ingenious, there are some problems with it, considering that a ring of these accident-prone fools got busted for felony fraud in California recently. Apparently it doesn't make the accident look legitimate when the Hammer has the Nail's backpack in his car. Actually not even in his car, in some stolen car or abandoned vehicle that they used to stage the crash. I mean, why put your own vehicle at risk?

Anyway, I had not heard of this before and I was amazed. There's a pretty great article on the California bust here: http://www.claimsmag.com/News/2009/12/Pages/Fraud-of-the-Week-Hammers-and-Nails.aspx by Marguerite Swallow at ClaimsMag.com.

What will they think of next?

2009-12-09T15:53:00.001-05:00

From Workers' Comp Insider, 12/9/09:
http://www.workerscompinsider.com/archives/001157.html

Racketeering and Comp: When the Denial of an Injury is an Injury

Imagine you work as a commercial driver for a long-established trucking firm that self-insures for workers comp. You are injured on the job. You seek benefits under the comp statute. The TPA handling the claim refers you to a company doctor. The doctor determines that the injury is not work related. The adjuster for the TPA denies the claim. End of story?
Not quite. What if you shared your story with five other employees, all of whom filed comp claims, all of whom saw the same doctor (a family practitioner), with the same result: claim denied by the same adjuster at the TPA? A coincidence or a conspiracy?
Five employees of Cassens Transport in Michigan concluded that there was a conspiracy to deny their claims. They filed suit in federal court, alleging a violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”). A district court dismissed their claims, finding that their individual claims did not constitute a "pattern" of activity and that invocation of the RICO statute would violate the McCarren-Ferguson Act by interfering with state regulation of insurance.
The U.S. Court of Appeals for the 6th Circuit reviewed the case and overturned the district court's ruling. Now the U.S. Supreme Court, by declining to get involved, has upheld the Appeals Court. The Appeals ruling is a fascinating document which explores the nature and definition of racketeering, the relationship of workers comp benefits to insurance and the roles of state and federal governments. It's required reading for attorneys and highly recommended for all others.

This article was really kind of scary. We already live in a country where almost anyone can be sued for anything, but this is getting a little ridiculous. Some people will go to any lengths in the pursuit of money. Click on the link to read the full article, its a little long but worth it.

Open Season!

2009-12-04T13:25:00.001-05:00

Turkey Shoot
from http://www.blogger.com/from%20%3Ca%20href=%22http://www.workerscompinsider.com/archives/001153.html%22%3E%3C/a%3E

William Wehnke, 51, claims to have spotted a wild turkey in his field in rural
Annsville, New York (population 3,000). He took aim and fired at the turkey and managed to hit Matthew Brady, a workers comp investigator, who happened to be crouching in the field, dressed in camouflage. Brady was apparently performing surveillance on Wehnke, who is collecting workers comp benefits for an unspecified injury. Whatever his disability, Wehnke is obviously capable of operating a shotgun.

Local authorities are not buying Wehnke's story about the turkey. He's been arraigned on a three-count grand jury indictment that includes felony second-degree assault and unlawful manner of taking. He is even charged with using inappropriate ammunition for hunting turkeys. Wehnke is in a lot of trouble for his little turkey shoot.

Investigator Brady was hit in the side, back and legs. He underwent surgery and presumably filed his own workers comp claim for what is surely a work-related - if highly unusual - disability.

It's almost impossible believe that this guy mistook an investigator for a turkey. You ever see a turkey? It looks like a basketball wearing a Native American headdress, definitely not a full grown man in camouflage. However, I have encountered a claimant or two that seem angry enough to fire at least a warning shot if they were to encounter an investigator. Unfortunately for Mr. Brady, he doesn't appear to have blended into his surroundings well enough. Be careful out there this hunting season, investigators. We've all heard a story or two like this, as some claimants will do almost anything not to give up those juicy comp checks.

...and just in case you were wondering - no, a person in a turkey costume doesn't even look enough like a turkey to get shot at.

Pencam 1

2009-12-03T14:59:00.003-05:00

This is a brief snippet of video we took when an investigator was testing out some new hidden camera equipment that we recently purchased. These pencams are starting to come down in price now, and worn on the shirt or at the pocket, can capture some nice video without drawing any attention to yourself. These record in AVI format and also have a date/time stamp. They even have pretty good sound up close.
We just thought we'd put this up because these cameras happen to be a little better quality and easier to use than some of the hidden or body worn equipment we had seen in the past. Hopefully as this technology becomes the norm, courts and hearing boards will begin accepting this kind of digital evidence more often than they do now. Soon, there won't be any analog, 8mm, or miniDV hidden cam equipment left to buy, unless you like Ebay...
This is what the camera itself looks like. Pretty unassuming huh? We've got a bunch of these ready to go!

Syracuse Claims Association - 12/09 meeting

2009-12-03T11:09:00.003-05:00

The Syracuse Claim Association held their annual Holiday Party last night at Jake Haffner’s on Taft Road in North Syracuse. There was a good turnout and everyone enjoyed some great food, good company and plenty of drinks. Everyone won a door prize and a great time was had by all. The election of officers was held and the new SCA slate for 2010 consists of: Julie Merolla (Pres), Mary Giles (VP), Joel Olmstead (Treas.) and Rosaria Loperfido (Sec.) Here are some photos from the party (click them to see full size).

Strip Searches at work?

2009-12-03T10:46:00.000-05:00

Strip search not covered by comp (from Worker's Comp Insider: www.workerscompinsider.com )

For nearly a decade, fast food chains throughout the nation were plagued by a cruel and bizarre telephonic hoax, the so-called strip search hoax. The "pranksters" who posed as detectives called fast food restaurants and retail chains and somehow convinced store managers to detain hapless employees. The managers were then guided through a series of progressively questionable and invasive actions such as strip searches of the alleged criminal employees, supposedly on behalf of the police. Sounds weird? It certainly was. In recent developments, Louise Ogborn, a McDonald's employee and the victim in one of these cases, was awarded $6 million in damages for her humiliating ordeal. McDonald's attorneys appealed the ruling, invoking the exclusive remedy of workers' compensation. The Kentucky Court of Appeals disagreed, stating that "We do not find manifest injustice in the trial court's ruling that Ogborn was not acting in the course and scope of her employment while she was held in the manager's office."

Just something to keep in mind if you receive any strange phone calls!

Surveillance Cuts?

2009-12-02T13:28:00.001-05:00

Here is an interesting article we encountered in a blog called "Comp Time" by Roberto Ceniceros.

It does appear that certain insurers are cutting back on surveillance hours due to smaller budgets, and it will be interesting to see how this effects case results. Will the SIF's and others eventually realize that more money spent on surveillance equals greater savings by mitigating losses, or will vendors be forced to deal with shorter surveillance times and adapt with more aggressive tactics?

the original article can be seen here: http://www.businessinsurance.com/section/BLOGS02

Fraud Surveillance Cuts

Insurers are cutting back on fraud investigation funding, a veteran claims investigator told comp time.

A few weeks ago I reported in a Business Insurance story that state insurance department fraud investigation units are facing budget and staff cuts nationwide. Meanwhile, anecdotal evidence suggests the economy is driving an increase in workers comp fraud.

Now a private investigator with 22-years experience says there has been a substantial decrease in the number of hours that insurers authorize for surveillance.

The investigator for a claims-service company on the East Coast who asked not to be identified said investigation results were better in the past because insurance adjusters typically authorized two days of surveillance.

Now insurers are authorizing only 4-hour blocks of surveillance time and increasing the allotment only if something promising turns up during those first four hours.

“The reins are a lot tighter,” he said.

Comp Time would like to hear if others in the industry are experiencing a similar trend.

Welcome to COMPSTOMPERS!

2009-12-01T14:45:00.002-05:00

Welcome to COMPSTOMPERS, the official blog of Accurate Investigative Services, Inc. We are a private investigating company headquartered in upstate NY, specializing in video surveillance and workers' compensation fraud claims mitigation. We serve most areas of New York and are also licensed in Florida. You can check out our blogger profile for more info, or go to our website at http://www.acure8.com .

So, now that we've gotten that introduction out of the way, let's take a moment to address the reason for having this blog in the first place. We here at AIS are always interested in staying up to speed on the ever-changing laws, technologies, techniques, and general landscape of the investigating business, whether it be new NYS workers' compensation regulations, new evidenciary rules, innovative video/hidden camera products, or just interesting stories from the field that come across our desks. This then, will be our way of sharing those little bits of information with you all via the web. Please feel free to leave comments or continue the conversation with us whenever you find a particular item to be of interest.

Let the posting begin...