Part 3 Dellerba lied in court when he
Posted in the Utica Forum
Since: May 13
#1 Jul 2, 2013
Dellerba lied in court when he filed his civil lawsuit against Ryder to recover money for the "great mental pain and physical anguish" he suffered. He testified to being inside the van when it was hit, and spoke of subsequent injuries that he claimed prevented him from returning to work.
Cindy Morgan's narrative was used as a promotional piece on Mutual of Omaha's website before she pleaded guilty to insurance and health care fraud.
The piece was titled "Keeping the Dream Alive," and detailed the "excruciating pain" Cindy Morgan suffered after her medical diagnoses.
"Shaken, Cindy didn't even realize she was injured," reads the story, included in the company's 2006 annual report and displayed on the company's website in 2008. David Morgan is quoted at the end saying he "lost a key spoke" in his wheel when his wife was hurt.
#2 Jul 2, 2013
And the Three-Hundred Thousand dollar question. Who was the attorney that settled this fraud case?
#4 Jul 3, 2013
How Utica scammers netted more than $1 million after fake car crash
Print Sara Patterson | [email protected] By Sara Patterson | [email protected]
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on May 12, 2013 at 2:00 AM, updated May 12, 2013 at 10:42 AM
Syracuse, NY - When Cindy and David Morgan closed their Utica restaurant for the day on March 20, 2006, the couple was about a year away from being kicked out of their space on the Erie Canal for not paying rent.
Cindy Morgan went to see a friend with money troubles of his own. Together, they helped launch a plan at least a year in the works by staging a car accident to get insurance money.
Five conspirators played different roles that day in a scheme to deceive Utica police officers, doctors, insurance agents and court officials. They snared more than $1 million after making fraudulent claims to five insurance companies.
It took several years for the feds to catch up with them.
Prosecutors and investigators aren't revealing the full details of the scam since three of the five defendants await sentencing. All five pleaded guilty to various levels of fraud in late 2012. Two are scheduled for sentencing this month.
However, insurance information, police incident reports, court papers and interviews help provide this picture:
Tom Schmitt, The Post-Standard
Around 9:15 p.m. on March 20, 2006, Michael Matrulli plowed a rented Ryder truck with a $1 million insurance policy into an empty, parked van on Harbor Lock Road.
The accident occurred just outside of Kitty's on the Canal, the restaurant the Morgans owned from 2003 to 2007.
Cindy Morgan, 56, and Joseph Dellerba, 66, pretended to be inside the 2000 Ford van --Cindy Morgan in the driver's seat and Dellerba on the passenger's side.
Cindy Morgan told a responding Utica police officer that she had been traveling southwest on Harbor Lock Road when she was struck head on by a Ryder truck that was traveling in her lane. Matrulli, 38, told the officer he veered into the wrong lane going around a curve. An accident report was typed up at 9:20 p.m.
The officer ticketed Matrulli for failure to keep right and noted that "minor injuries" had been reported. The van was towed by Johnston's Auto Body to the Car Craft in Utica.
Both Cindy Morgan and Dellerba went to the hospital and received treatment.
Cindy Morgan was diagnosed with bulging discs in her spine and declared partially disabled. She underwent physical therapy and received $108,000 from Mutual of Omaha in disability insurance to help keep her restaurant afloat.
Ed Wasciewizc, the insurance agent who sold the Morgans their policy 18 months before the staged accident, said he had "no idea" the couple had defrauded the company until he read about it in the newspaper earlier this year.
"They seemed clean as a whistle, a hard working family," he recalled.
Wasciewizc often dined at Kitty's on the Canal because it had lunch specials priced less than $10. When Kitty's closed, he then frequented the Blue Flag, a second restaurant in downtown Utica the couple operated.
Health care benefit plans with Progressive Insurance Company covered medical care for Cindy Morgan and Dellerba. Cindy Morgan also filed a civil lawsuit against Ryder for personal injuries. She settled for $30,000.
Dellerba, who the prosecution says "instigated" the plan sometime in 2005, stopped going to work.
Dellerba was worried he wouldn't be able to retire comfortably because he worked for a cable company bought out by Time Warner in 2005, according to Assistant U.S. Attorney Edward Broton.
Dellerba sued the trucking company and settled for nearly $700,000 in July of 2009. He gave $120,000 to Joseph Demme, who had introduced Dellerba to other conspirators, according to court papers.
Demme met with Dellerba, David Morgan and Matrulli the day of the accident to discuss the location and details of the scheme, the court papers say.
Since: May 13
#5 Jul 5, 2013
thanks for digging up this story
#6 Jul 5, 2013
I do not know who these people are dum dum. It does not bother me. It actually makes me laugh.
You would make a terrible investigator.
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