Another For-Hire Vehicle (FHV) driver was recently charged with insurance fraud for trying to collect workers’ compensation insurance illegally. The driver was charged with Grand Larceny in the Third Degree, Insurance Fraud in the Third Degree and Falsifying Business Records in the First Degree.
As part of her plea deal, she waived prosecution by indictment, and instead pled guilty to one count of Grand Larceny in the Fourth Degree (a Class E Felony) and one count of Petit Larceny (a misdemeanor).
At the time of her plea, she allocuted to the following under oath: From on or about March 24, 2017, through on or about March 15, 2019, she stole over $1,000 in benefits for lost wages from the Black Car Fund by falsely claiming she was unable to work when, in fact, she continued to work during this time. She knew that she was not entitled to receive such benefits.
Her plea agreement includes the following conditions:
- The defendant shall pay restitution in the amount of $8,263.38, plus a 5% surcharge, to the Black Car Fund by or before July 30, 2023.
- The defendant consents to the entry of a judgment order against her, by which the Court will find judgment in favor of the Black Car Fund.
- The defendant agrees to waive any challenge to the restitution amount or money judgment amount entered by the Court.
- The defendant shall commit no further crimes. She understands and agrees that she has not engaged in any criminal conduct other than that described in the plea, or previously discussed with the District Attorney (DA), and that it is a violation of the plea agreement if she engages in criminal conduct other than that described in the plea agreement.
If she complies and fulfills all the conditions of the plea, the DA will not prosecute her for the crimes she is charged with. Instead, the DA will ask the court to permit her to withdraw her guilty plea to Grand Larceny, leaving with her with just a conviction for Petit Larceny. The DA will recommend to the court that she be granted a conditional discharge.
If the defendant violates this agreement in any respect, as determined solely and reasonably by the DA – including committing any new crimes, failing to pay the restitution, or committing any act that might compromise the safety or identity of any investigator, or compromise the confidentiality of any investigation – then the DA may request that the court impose a sentence for the maximum amount allowed by law (four years for the Grand Larceny, 364 days for the misdemeanor).
The date of sentencing was adjourned for 24 months, until July 30, 2023, to give the defendant time to pay full restitution to the Fund. Ultimately, she will have a criminal record whether or not she fulfills the requirements of the plea deal.
Source: New York Black Car Fund