Ninth Defendant Failed to Provide Workers’ Compensation to Employees

                               
Trenton, NJ (CompNewsNetwork) - Attorney General Anne Milgram and Criminal Justice Director Deborah L. Gramiccioni announced today that eight people have been charged with cheating the State of New Jersey's unemployment fund out of $161,903. A ninth defendant was charged with failing to provide workers' compensation to employees.

The charges resulted from cooperative investigations by the Department of Labor and Workforce Development and the Division of Criminal Justice Major Crimes Bureau.

During March, the Division of Criminal Justice Major Crimes Bureau obtained the following state grand jury indictment:

State v. Bruce Harris and Wheels, Inc. of N.J. Harris, 59, of Lumberton, and his company, Wheels, Inc., of both Lumberton and Mount Laurel, were each charged in a March 23 state grand jury indictment with fourth-degree failure to provide workers' compensation coverage. In July 2007, an employee of Wheels, Inc. was involved in a motor vehicle accident during the course of her employment. The indictment alleges that Harris and Wheels, Inc. did not have workers' compensation coverage at the time of the accident. An investigation determined that the employee decided not pursue a workers' compensation claim. However, the state's Uninsured Employer's Fund is responsible for paying temporary disability and medical expenses to employees when their employers do not carry the coverage.

State v. Lena McMillan. McMillan, 57, of East Orange, was charged on March 25 with third-degree theft by deception and fourth-degree unsworn falsification. According to the indictment, McMillan was employed by the Newark Board of Education and the Mount Carmel Guild while collecting on a September 2003 UI benefits claim. McMillan allegedly failed to report her earnings to the Department of Labor and Workforce Development, and consequently received $12,154 in UI benefits to which she was not entitled.

State v. Lorenzo Marshall. Marshall, 43, of Farmingdale, was charged on March 10 with third-degree theft by deception and fourth-degree unsworn falsification. According to the indictment, Marshall filed for UI benefits in September 2002, January 2004 and January 2005. At various times while collecting on these benefits, Marshall allegedly earned wages from Grove Healthcare & Rehabilitation Center, Patock Construction, and Art Anderson, Inc. By failing to notify the Department of Labor and Workforce Development of his earnings, Marshall allegedly received $38,824 in UI benefits to which he was not entitled.

The Division of Criminal Justice Major Crimes Bureau obtained six state grand jury indictments in February:

State v. Desiree Brown. Brown, 37, of Edison, was charged on Feb. 24 with third-degree theft by deception and fourth-degree unsworn falsification. Brown filed for UI benefits every April from 2001 to 2004. According to the indictment, while collecting on the claims, Brown allegedly worked for Spherion Altantic Enterprise, Adecco North American, B.P. Slavitt Associates, and New Community Corporation. It is further charged that Brown failed to notify the Department of Labor and Workforce Development of her earnings, and consequently received $31,365 in UI benefits to which she was not entitled.

State v. Jacob Johnson. Johnson, 32, of Hoboken, was charged with third-degree theft by deception and fourth-degree unsworn falsification for allegedly stealing $16,290 in UI benefits. Johnson filed claims for UI benefits in June 2002 and again in June 2003. The indictment charges that, while collecting on the 2002 claim, Johnson allegedly earned wages from Excess, Inc., Adco Electrical, and Forest Electrical. While collecting on the 2003 claim, Johnson allegedly worked for Communications Technology Service. The indictment further alleges that Johnson failed to notify the Department of Labor and Workforce Development of his earnings.

State v. Grayson J. Hampton. Hampton, 52, of Vauxhall, was charged on Feb. 24 with third-degree theft by deception and fourth-degree unsworn falsification. Hampton was allegedly employed by MLD Mortgage Inc. while he was collecting on an August 2003 UI benefits claim. By not reporting his earnings to the Department of Labor and Workforce Development, Hampton allegedly received $12,532 to which he was not entitled.

State v. Faye L. Dharam. Dharam, 52, North Bergen, was charged on Feb. 24 with third-degree theft by deception and fourth-degree unsworn falsification for allegedly stealing $12,084 in UI benefits. The indictment alleges that after filing for UI benefits in May 2003, Dharam earned wages from Joule Staffing Services, Inc. It is further charged that Dharam failed to notify the Department of Labor and Workforce Development about these earnings.

State v. Franklyn J. Marzullo. Marzullo, 62, of Southhampton, was charged on Feb. 4 with third-degree theft by deception and fourth-degree unsworn falsification. According to the indictment, while collecting on UI benefits claim that he filed in December 2001 and May 2003, Marzullo allegedly earned wages from Home Depot. By not reporting his earnings to the Department of Labor and Workforce Development, Marzullo allegedly collected $20,863 in UI benefits to which he was not entitled.

State v. Kelli Brown. Brown, 32, of Brigantine, was charged on Feb. 4 with third-degree theft by deception and fourth-degree unsworn falsification for allegedly stealing $17,791 in UI benefits. The indictment alleges that after filing for UI benefits in April 2002 and April 2003, Brown earned wages as a casino floor person for the Trump Plaza Casino in Atlantic City. It is alleged that Brown failed to notify the Department of Labor and Workforce Development of her earnings.

Detectives Gary O'Brien and Lynn Fitzgerald of the Division of Criminal Justice coordinated the investigations. The cases were presented to the state grand jury by Deputy Attorneys General Mark Kurzawa (Harris and Wheels, Inc.), Jacqueline Cistaro (McMillan and Marshall), Janet Bosi (Desiree Brown, Johnson, Hampton and Dharam), and James Ruberton (Marzullo and Kelli Brown).

The Department of Labor and Workforce Development Commissioner David J. Socolow said that the cases were first identified by Labor Department investigators by cross-matching employer-submitted wage information against UI benefit payments; pursuing leads from employer protests of UI benefit charges; surveying employer payroll records; and responding to alerts from concerned citizens.

The indictments are merely accusations and the defendants are presumed innocent until proven guilty. Third-degree crimes carry a sentence of up to five years in state prison and a fine of up to $15,000, while fourth-degree crimes carry a sentence of up to 18 months in state prison and a fine of up to $10,000.

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