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REINSURANCE
AGENT'S ILL GOTTEN GAINS TO BE DISBURSED BACK TO HIS VICTIMS
AS A RESULT OF FEDERAL ASSETS FORFEITURE ACTION
Victims to be Compensated in Amount in Excess of $32 Million
CHARLOTTE,
N.C.--United States Attorney Gretchen C.F. Shappert announced today
that the United States has turned over roughly $22,500,000 in forfeited
funds to the Office of the Clerk, U.S. District Court, for the Western
District of North Carolina, for distribution to victims of frauds
committed by former reinsurance agent Thomas G. Reitz.
This
$22,500,000 in forfeited assets to be distributed to victims identified
in the restitution portion of the judgment against Reitz is in addition
to the $9,600,000 that the U.S. Attorney's Office previously negotiated
for Reitz to turn over to the Clerk of U.S. District Court for distribution
to victims. Thus, the amount turned over to the Clerk for distribution
to victims now totals over $32,100,000.
Reitz
previously pled guilty to mail and wire fraud conspiracy, and money
laundering conspiracy as charged in a January 30, 2007 Bill of Information
filed in U.S. District Court in Charlotte (Docket Number 3:07cr
21).
As
set forth in the Bill of Information, Reitz, of Alpharetta, Georgia,
committed reinsurance fraud against two North Carolina-based workers'
compensation insurance pools and one Washington, D.C.-based pool.
Workers' compensation insurance pools consist of two or more employers
who agree to pool their workers' compensation liabilities. State
laws require workers' compensation pools to purchase re-insurance
coverage to insure such pools against catastrophic claims. Reitz
and others prepared false reinsurance contracts that were entered
into by the pools. Reitz then submitted invoices, purportedly for
reinsurance premium payments, to the pools. Reitz and others collected
the premium payments, used some of the money to pay insurance claims
in a Ponzi-type scheme, used some of the money to pay unreported
illegal kickbacks to an individual who controlled the administrator
of the North Carolina pools, and ultimately deposited some of the
money into accounts from which the United States forfeited such
money. Reitz laundered the proceeds of his crimes via, among other
accounts, a bank account at UBS in Switzerland.
Reitz
is currently serving a five year and ten month sentence that was
handed down, in May of 2008, by Chief United States District Judge
Robert J. Conrad, Jr. of the Western District of North Carolina.
The judgment issued pursuant to the sentence identified the insurance
pools to receive recompense as North Carolina-based Phoenix Fund,
Inc. and NC Chamber of Commerce Self-Insurers Funds, along with
Washington-based NLC Mutual Insurance Company.
The
victims suffered the following losses: NLC Mutual-$10,346,730.00;
Phoenix Fund- $19,699,292.87; and NC Chamber of Commerce Self Insurers-$5,353,934.85.
Phoenix Fund, which is based in Charlotte and which suffered severe
losses, was ultimately placed under control of the North Carolina
Department of Insurance.
Through forfeiture, the United States has provided for recompense
to victims for most of their roughly $35,000,000 in losses. Forfeiture
is the process whereby a criminal defendant is divested of his interest
in property and the United States obtains title to the property.
Federal statutes authorize forfeiture of assets that are the proceeds
of crime, that facilitate crime, and that are involved in crime.
The U.S. Attorney's Office prioritizes the use forfeited assets
to provide recompense to defrauded victims, including businesses,
government agencies, and individuals.
The
conviction of Reitz, and the subsequent forfeiture of his assets
and return of the assets to victimized workers' compensation pools
resulted from efforts by the United States Attorney's Office, the
Federal Bureau of Investigation, the United States Marshals Service,
and the North Carolina Department of Insurance. Additional support
in regard to obtaining forfeitable funds that had been moved to
Switzerland was provided by Swiss prosecutors. The criminal prosecution
was handled by Assistant U.S. Attorney Matthew Martens and the forfeiture
action was handled by Assistant U.S. Attorney William Brafford,
both of the U.S. Attorney's Office for the Western District of North
Carolina at Charlotte.
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