TRENTON - Criminal Justice Director Vaughn
L. McKoy announced that the Division of
Criminal Justice - Office of Insurance
Fraud Prosecutor has obtained an indictment
charging a Union County mother and son
with insurance fraud for their roles in
a $7,000 auto insurance theft scam.
According to Insurance Fraud Prosecutor
Greta Gooden Brown, Maria R. Kernizan,
48, of Madison Avenue, Elizabeth, Union
County, and her son, Loubert Barthelemy,
29, of Pearl Street, Elizabeth, were charged
with conspiracy, attempted theft by deception,
and insurance fraud (all 3rd degree).
If convicted of all charges, each defendant
faces up to 15 years in state prison and
a fine of up to $45,000. In addition,
the defendants face the imposition of
civil insurance fraud fines.
The Union County Grand Jury indictment
alleges that between Dec. 9, 2002 and
Oct.17, 2003, Kernizan, and Barthelemy
conspired to submit a phony automobile
theft loss claim to Clarendon National
Insurance Company. It is charged that
Kernizan reported her 1993 Toyota 4-Runner
stolen to the New York Police Department
on Jan. 16, 2003 and subsequently submitted
a $7,000 claim to the Clarendon National
Insurance Company, stating that she last
saw her the automobile in Elizabeth on
Dec. 31, 2002. According to the indictment,
the defendants told police that Barthelemy
had driven the Toyota to his aunt’s
house in Brooklyn on Dec. 31 and parked
the car on the street. It is charged that
Barthelemy also told police that he was
sick for a week and therefore stayed inside
his aunt’s residence. Barthelemy
allegedly claimed that when he went to
get the Toyota on Jan. 7, 2003, it was
gone.
An investigation by the Division of Criminal
Justice - Office of Insurance Fraud Prosecutor
determined that the New York Department
of Sanitation tagged the vehicle as a
derelict or abandoned vehicle in the Bronx
on December 25, 2002.
State Investigator Wendy Wylie, Civil
Investigator Joseph Burro and Deputy Attorney
General Frank L. Holstein were assigned
to the investigation. DAG Holstein represented
the Office of Insurance Fraud Prosecutor
before the Union County Grand Jury. The
case was referred to the Office of Insurance
Fraud Prosecutor by the Clarendon Insurance
Company after the claim was denied.
An indictment is merely an accusation.
The defendants are presumed innocent unless
and until the State proves them guilty
beyond a reasonable doubt.