$30K Fraud Conviction Nets Probation

A Swampscott, Mass., man was convicted in a Salem Superior Court this week of bilking insurers out of $30K for claims fraud. Owner of two auto repair shops, Robert Giller, 53, plead guilty to 40 counts of fraud, which included 20 counts of filing false insurance claims, 18 counts of felony larceny and two counts of attempted larceny.

Salem Superior Court Judge David Lowy sentenced Giller to nine months of unsupervised probation and ordered that he pay a total of $37,188 in restitution. Giller’s attorney, Tom Drechsler, said his client would comply, reports The Salem News.

During sentencing, Assistant Attorney General Brendan O'Shea told the judge that over the course of a three-year period between 2006 and 2009, Giller filed 20 claims with four insurance companies — Safety Insurance, Electric Insurance, Fireman's Fund and Plymouth Rock Assurance — for work he claimed was performed on cars at New England Glass Co. O’Shea asked the judge to sentence Giller to a year of probation.

According to the Salem News report, Giller submitted claims totaling more than $28,000 on the policies of 14 different customers, claiming he had completed more work on their vehicles than he actually did, according to the indictments. None of the policyholders was accused of any wrongdoing. The indictments also stated that Giller submitted claims under both his own and his wife's insurance policies.

Nearly all claims were paid by the insurers, but in late 2009, two of the insurance companies became suspicious of the claims. The Insurance Fraud Bureau, an investigative agency that works with state prosecutors on potential claims fraud cases, began an investigation that led to Giller's indictment last year.

Giller’s attorney portrayed his client as a model citizen who coached Little League and had no run-ins with the law until the indictment. He told the judge that Giller and his wife are responsible for the "constant care" of a 22-year-old developmentally disabled son, whom they brought with them to court, noted the report.

Judge Lowy reportedly said that while Giller accepted responsibility and agreed to make full restitution, the case is more serious than it might appear.

"Everybody's insurance rates are impacted, and the integrity of the insurance system is jeopardized by acts like these," the judge said.