San Diego sheriff's deputy faces felony charges in insurance fraud case
Dana Littlefield
REPEAT OFFENDERS: MANY LAW ENFORCEMENT OFFICERS LIE ABOUT THEIR ON-THE-JOB INJURY SO THAT THEY COLLECT BENEFITS WHILE WORKING AT A SECOND JOB
A local sheriff’s deputy, who claimed he had suffered a back injury but may have been seen working out with heavy weights at a gym, has been charged with committing workers compensation insurance fraud resulting in $57,000 in losses, prosecutors announced Monday.
Matthew Tobolsky, 40, faces 14 counts including insurance fraud, filing a false claim, attempted perjury and failing to disclose information that affects a payment, according to the District Attorney’s Office.
The charges carry a potential sentence of up to 15 years in custody, which would most likely be served in county jail.
Reached by phone Monday afternoon, Tobolsky denied the allegations.
“I can tell you that all these charges are 100 percent false,” he told a Union-Tribune reporter.
He declined to elaborate, saying, “Other than that I don’t think it would be a good idea to make any other comments. … I hope the truth comes out.”
Tobolsky has not yet had an opportunity to enter a plea in the case. He is scheduled to be arraigned in San Diego Superior Court Wednesday afternoon.
According to the District Attorney’s Office, Tobolsky claimed in January that he had injured his back from lifting two five-gallon water bottles. But an investigation, initiated by the Sheriff’s Department, indicated Tobolsky had misrepresented his physical condition and what he could or could not do.
Authorities said Tobolsky told medical professionals that he was suffering from debilitating pain and was unable to do light duty on the job. But the investigation revealed he was able to work out with weights at a gym.
Of the $57,000 in losses, $46,000 was paid directly to the defendant, prosecutors said.
The Sheriff’s Department investigated the case with help from the state Department of Insurance and the District Attorney’s Office’s Insurance Fraud Division.
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SAN DIEGO, CA— Arraignment is scheduled Wednesday for a San Diego County sheriff’s deputy who allegedly scammed insurers out of tens of thousands of dollars via bogus workers’ compensation claims.
Matthew Tobolsky, 40, faces eight counts of insurance fraud, two counts of filing a false claim, three counts of attempted perjury and one count of failing to disclose information that affects a payment, according to the District Attorney’s Office. If convicted on all counts, he would be in line for a maximum sentence of 15 years in prison.
After claiming a back injury from lifting five-gallon water bottles eight months ago, Tobolsky allegedly misrepresented his physical condition and abilities repeatedly, working out with heavy weights at a gym while telling physicians he was suffering from debilitating pain and unable to perform even light duty, according to prosecutors.
Tobolsky’s alleged crimes resulted in $57,000 worth of losses, $46,000 of which was paid directly to him, officials said. Such fraud costs California taxpayers an estimated $4 billion annually, according to District Attorney Summer Stephan.
The case against the six-year department member shows that the public “can be assured no one is above the law and (that) our employees will be held accountable if they violate the public’s trust,” Sheriff Bill Gore said.
The defendant, whose most recent assignment with the sheriff’s department was an administrative position at the agency’s Kearny Mesa headquarters, has been placed on unpaid leave pending resolution of the fraud case, sheriff’s spokesman Ryan Keim said.
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FORMER
PASSAIC COUNTY SHERIFF OFFICER RONALD A. LUCAS LIED DURING HIS GRAND JURY
TESTIMONY WHEN HE CLAIMED THAT HE INJURED HIS LEFT SHOULDER DURING A FALL AT A
WAYNE TOWNSHIP, NEW JERSEY PROPERTY. HE
IN FACT HAD PRIOR INJURIES BY PLAYING FOOTBALL FOR MANY YEARS AND LIFTING
WEIGHTS
As part of an investigation we have been performing,
we discovered that Ronald A. Lucas, a former Passaic County sheriff officer
with the Civil Division lied about his on-the-job shoulder injury. Lucas claimed that he fell on the job on June
28, 2011 at 687 Indian Road, Wayne, NJ and that he injured his left shoulder
requiring several pins. He then filed a disability claim with the New
Jersey Division of Pensions and Benefits (Police and Firemen Retirement
System). He was granted disability for one year with subsequent
review. After he retired with claimed disability, he obtained a job as
part-time security guard at the Pequannock High School.
We discovered that Mr. Lucas suffered
shoulder injuries while playing football and lifting heavy weights over his
lifetime. He was a linebacker with the
Pompton Lakes Cardinals, using his shoulder to hit and tackle his opponents
during practice and during football games. We are attaching a picture showing that he was
#41 in the Cardinal’s Pompton Lake football team. Lucas has fallen on his shoulder probably
thousand times during his athletic and training career.
Everybody knows that linebackers hit and tackle
their opponents using their shoulders. These
athletes also lift heavy weights and they end-up injuries their shoulders. He even made the All County Team in 1980,
showing how hard he was working out.
Based on our investigation, we found that weight lifting athletes do
suffer shoulder injuries of the type claimed by Lucas.
He also trained his two sons (Dean Lucas and
Ronnie Lucas) into playing TE and DE positions also with the Cardinals football
team. In fact, linebackers suffer at least 13.5 percent of all football
injuries and at least 65 percent of the linebackers end up undergoing surgery.
We have obtained photos showing Mr. Lucas
lifting weights, after his alleged job-ending disability. See for example
the attached image that is dated December 2013.
It is obvious to a reasonable and objective
person that Lucas (in his mid-50s) took this incident on June 28, 2011 to claim
on-the job-injury to be able to repair his previously injured shoulder at taxpayers’
expense and to retire and then blame Basilis Stephanatos for his
injuries. After he retired, he started the double dipping. The finest of New Jersey at "work". But he was caught and he will face the
consequences.