California Wins $14.6 Million Judgment in Comp Fraud Case

Dec. 28, 2004
In one of the largest awards of its type in the history of California's workers' compensation system, the California State Fund has won a $14.6 million judgment against two Rancho Cucamonga businesses that used an elaborate shell game to avoid paying correct workers' compensation premiums and payroll taxes.

San Bernadino County Superior Court Judge Ben Kayashima awarded the judgment against Ideal Payroll Plus Ltd. and Ideal Management LP, both professional employer organizations (PEOs) formerly insured by State Fund. San Bernadino County resident David W. Clancy Jr. formed the PEOs, which underreported payroll to the State Fund, the Internal Revenue Service and the State Franchise Tax Board.

Under the scheme, Clancy enrolled workers in an alleged "K-1 Dividend Distribution Plan," in which employees received two checks -- one for what Clancy called "W-2 wages" and another referred to as a "dividend."

Clancy, the general partner of Ideal entities, claimed that he could reduce premiums by 50 percent and provide complete workers' compensation coverage through State Fund. As part of the scheme, Clancy failed to disclose the amount of the so-called K-1 dividend paid to each employee, which usually amounted to more than half of the employee's income, and thereby avoided paying correct premiums to State Fund. State Fund uncovered Clancy's scheme during an audit. State Fund then cancelled his policy and filed suit for damages.

The judgment represents an estimated $1.3 million in unpaid premium owed to State Fund -- as well as interest and costs -- and 10 times the premium amount pursuant to Insurance Code 756. That code section authorizes State Fund to pursue a civil action for 10 times the difference between the lower premium paid and the premium properly payable against an employer who knowingly procures a lower premium by willfully misrepresenting the amount of payroll.

"We hope that this judgment will send a strong message and serve as a deterrent against other companies who are considering defrauding California's workers' compensation insurance system," said State Fund Vice President and General Counsel Charles Savage.

The judgment is against two of four defendants in the case. State Fund will continue to pursue legal action against the non-defaulting defendants, David Clancy Jr. and San Bernadino County resident Telma Moguel, who is the trustee of the Ideal Alliance Trust established to pay the alleged K-1 dividends to employees.

Sponsored Recommendations

ISO 45001: Occupational Health and Safety Management Systems (OHSMS)

March 28, 2024
ISO 45001 certification – reduce your organizational risk and promote occupational health and safety (OHS) by working with SGS to achieve certification or migrate to the new standard...

Want to Verify your GHG Emissions Inventory?

March 28, 2024
With the increased focus on climate change, measuring your organization’s carbon footprint is an important first action step. Our Green House Gas (GHG) verification services provide...

Download Free ESG White Paper

March 28, 2024
The Rise and Challenges of ESG – Your Journey to Enhanced Sustainability, Brand and Investor Potential

Free Webinar: Mining & ESG: The Sustainability Mandate

March 28, 2024
Participants in this webinar will understand the business drivers and challenges of ESG and sustainability performance, the 5 steps of the ESG and sustainability cycle, and prioritized...

Voice your opinion!

To join the conversation, and become an exclusive member of EHS Today, create an account today!