MD Police Officer Pleads Guilty To Perjury And Felony Workers’ Comp Fraud

Towson, MD (WorkersCompensation.com) - State Prosecutor Emmet C. Davitt announced that Montgomery County Police Officer Gilbert L. Payne, who left the Baltimore City Police Department on a full disability pension in 2007, pleaded guilty in the Baltimore City Circuit Court to perjury and felony workers' compensation fraud. This matter was originally referred to the Office of the State Prosecutor by the Baltimore City Inspector General's Office.

In a statement of facts read into the record, the court learned that Officer Payne falsely testified under oath at a September 2008 workers' compensation hearing that he was not employed at the time, nor had he been employed since retiring from the Baltimore City Police Department, when, in fact, he was then employed full time as a sworn Towson University Police Officer. (see Statement of Facts). The Statement of Facts further indicated  that, as a result of this fraudulent misrepresentation,  he received  just over $30,000.00 in payments to which he was not entitled.  

The Honorable  Barry G. Williams  sentenced Payne on each count to concurrent terms of three years' incarceration and suspended that term in favor of three years of supervised probation. He ordered  Payne to pay $30, 009.17 in restitution and further ordered him to perform three hundred hours of community service.

State Prosecutor Emmet C. Davitt stated: “Testifying falsely under oath and making false statements in order to fraudulently obtain additional workers' compensation funds is never acceptable. It is particularly egregious, however, when such acts are committed by a police officer sworn to uphold the law.”


STATEMENT OF FACT IN SUPPORT OF GUILTY PLEA

The Defendant, Gilbert L. Payne, was employed as a Baltimore City Police Officer from April of 2005 through December of 2007.  He then worked as a Towson University Police Officer from May of 2008 through December of 2009.  Since January of 2010, he has been employed as a Montgomery County Police Officer.

On August 13, 2006, while on-duty as a police officer with the Baltimore City Police Department, Payne was involved in a motor-vehicle-accident which resulted in injuries to his head, neck, back, left arm and right hip.

Following a period of treatment, Payne reached Maximum Medical Improvement (hereinafter “MMI”), which is the point where further treatment would not improve his injuries. Upon reaching MMI, a hearing was scheduled before the Maryland Workers' Compensation Commission to determine the “nature and extent of permanent disability” related to the August 13, 2006 accident.

Prior to that hearing, on August 1, 2007, Payne had filed for a Line-of-Duty Disability Retirement through the Fire and Police Employees' Retirement System for the City of Baltimore. Payne's Line-of-Duty Disability Retirement was approved, effective November 14, 2007 at which time he began to receive weekly payments of $513.70.

On September 19, 2008, claim #B6651463, “Gilbert L. Payne, Claimant vs. Mayor & City Councils of Baltimore, Employer and Self-Insurer”, was heard before Commissioner Maureen Quinn of the Maryland Workers' Compensation Commission.

Commissioners are appointed to the Maryland Workers' Compensation Commission by the Governor with the advice and consent of the Senate and are granted the authority to administer an oath and to conduct a hearing or other investigation for the Commission. A decision or order of the member of the Commission shall be considered a decision or order of the Commission.

During the September 19, 2008 hearing, under direct examination Payne testified while under oath that he was not currently employed and that he had not worked since his retirement from the Baltimore City Police Department.

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