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Olivares R. Liberato-Cohen, 45, of Passaic, drove the Dodge Caravan, containing three other people into a Dodge Avenger that contained a driver and passenger on April 25, 2009, the indictment says.
In the Caravan were 26-year-old Jonathan Damian and 29-year-old Harold Gross, as well as Jenny Encarnacion, 33, of Paterson, it says.
In the Avenger, it says, were Ariel Ballista, 27, of Passaic, and an indicted co-conspirator who wasn’t named — and, presumably, is cooperating with authorities.
According to the indictment, Liberato-Cohen was helped by the sixth defendant, 35-year-old Husayn Encarnacion of Paterson, in recruiting his wife, Jenny. Liberato-Cohen recruited the rest, it says.
After the crash, Liberato-Cohen, Ballista, Gross, Damian, and Jenny Encarnacion all “visited certain designated medical providers and submitted, or caused to be submitted, claims to Mercury Insurance Group and Plymouth Rock Assurance (formerly Twin Lights Insurance Company), which insured the automobiles and/or individuals involved in the staged accident,” the indictment alleges.
They then collected $78,829 in medical reimbursement payments and bodily injury settlements, it says.
Acting Attorney General John J. Hoffman cited the “domino effect” such fraud has on New Jersey drivers.
“By staging these types of accidents and engaging in fraudulent conduct, the participants in these schemes drive up the cost of automobile insurance in this state,” he said.
Arrested last week, the defendants were charged in the April 10 indictment with conspiracy, insurance fraud and theft by deception. The Encarnacions also were both charged with hindering.
Jenny Encarnacion and Gross also were charged with false swearing.
The investigation into this case was the result of a prior investigation into staged automobile accidents that occurred in Passaic County, Hoffman said. Charges against Liberato-Cohen in that separate indictment are pending, he said.
According to Hoffman:
“Deputy Attorneys General Bradford Muller and Michael Locke, Lt. Frederic Moore, Sgt. Weldon Powell, Det. Janessa Jones, and Det. Cortney Lawrence coordinated the investigation. Analyst Bethany Schussler assisted in the investigation. Additional investigative assistance was provided by Det. Grace Rocca and Det. Trainee Suzanna Lopez.
“Acting Insurance Fraud Prosecutor Chillemi also thanked the Special Investigation Units from Mercury Insurance Group and Plymouth Rock Assurance, in particular Michelle Miller of Plymouth Rock Assurance, as well Michael Mullane from the Division of Taxation for their assistance in the investigation.”
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