TRENTON - Attorney General David Samson today announced that a Jamesburg man was charged in by the Division of Criminal Justice's Office of Insurance Fraud Prosecutor and indicted by a State Grand Jury with theft and falsifying records. The charges are related to allegations that he fraudulently received more than $49,000 in Social Security disability benefits.
According to First Assistant Attorney General and Director of the Division of Criminal Justice Peter C. Harvey, Gerard M. Zaccardi, 50, of Stoneyhill Road, was charged with one count of third degree theft by deception and one count of fourth degree unsworn falsification to authorities.
According to the indictment, between September 1997 and June 2001, Zaccardi gave a false impression to the Social Security Administration that he was entitled to receive disability benefits, when in fact, he was not entitled to the benefits. The indictment also alleges that Zaccardi submitted a "Social Security Administration Report of Continuing Disability" to the Social Security Administration containing a false statement concerning his ability to return to work.
At his trial, the State intends to prove that Zaccardi misrepresented the extent of his disability to the Social Security Administration (SSA) resulting in the SSA overpaying $49,287 in disability benefits to him and his dependants. Zaccardi applied for and received disability benefits for a work place injury. He was required to notify the SSA when his physical condition improved and he was able to return to work, at which time his disability benefits would be terminated. The State intends to prove that Zaccardi did in fact return to work at an automobile repair shop but continued to submit review forms to the SSA claiming that he was unable to work.
The investigation of this matter was conducted by the Office of the Insurance Fraud Prosecutor (OIFP) and the Cooperative Disability Investigations Unit (CDIU) which is comprised of the Division of Criminal Justice, the Social Security Administration Office of the Inspector General and the New Jersey Department of Labor's Division of Disability Determination Services. Supervising State Investigator Edward Buttimore and Deputy Attorney General Peter Lee were in charge of the investigation into this case. Deputy Attorney General Lee presented the case to the State Grand Jury. All are assigned to the Division of Criminal Justice's Office of the Insurance Fraud Prosecutor.
"This office continues to see cases of theft from disability insurance programs, both private plans and government sponsored plans such as Social Security. Working and earning income while you simultaneously collect disability insurance can constitute theft,A said Insurance Fraud Prosecutor Greta Gooden Brown. AThis office will continue to investigate and prosecute these 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 ."
The indictment was handed up to Mercer County Superior Court Judge Linda R. Feinberg, the assignment Judge in charge of the State Grand Jury. The case will be venued in Middlesex County. Zaccardi will be ordered to appear in Middlesex County to answer the charges on a date to be determined.
An indictment is merely an accusation. The defendant is presumed to be innocent of the charges unless and until the State proves him guilty beyond a reasonable doubt.
Housed in the Department of Law and Public Safety's Division of Criminal Justice and reporting to the Attorney General, the Office of Insurance Fraud Prosecutor was established by the Automobile Insurance Cost Reduction Act of 1998 (AICRA). The Office is the centralized state agency that investigates and prosecutes both civil and criminal insurance fraud, as well as Medicaid fraud. Criminal convictions for insurance fraud can result in fines and imprisonment, while civil penalties can include substantial fines and referral for revocation or suspension of professional licenses.
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