Stare Farm Auto Accused of Racketeering by Paying $4 Million Dollars to Judge's Campaign to Influence His Vote to Prevent Paying Policyholders
Friday, May 25, 2018 - 12:35 Updated 5 days ago by Tony E. Rutherford, News Editor
State Farm policyholders are receiving notifications via postcard of an upcoming trial that may allow them to recover for alleged actions and/or conduct by the company to influence actions by the Illinois Supreme Court by providing $4 million dollars to the campaign.
The underlying class action complaint comes from Illinois in which a jury awarded over a billion dollars to policyholders. However, the company and others named "created and conducted a RICO (Racketeer Influence and Corrupt Organization) enterprise to evade paying the $1.05 billion dollar judgement to 4.7 million State Farm policy holders," according to the federal court complaint. ( Mark Hale, et. al. v State Farm Mutual Auto Insurance Company, 12-cv-00660)
According to the class action, State Farm provided money to support two Illinois Supreme Court candidates in an attempt to overturn the judgment:
"From the fall of 2003 until November 2004, Trial Judge Lloyd Karmeier (“Karmeier”) and Appellate Judge Gordon Maag waged a judicial campaign for a vacant seat on the Illinois Supreme Court, ultimately resulting in Karmeier’s election. In January 2005, having received reliable information that State Farm had exerted financial and political influence to achieve Karmeier’s election, the Avery plaintiffs moved to disqualify Karmeier him from participating in the appeal of the Avery Action." (Complaint available below via PDF)
"Plaintiffs’ motion was denied, and on August 18, 2005, with now-Justice Karmeier participating in the Court’s deliberations and casting his vote in State Farm’s favor, the Illinois Supreme Court issued a decision overturning the $1.05 billion judgment. See Avery v. State Farm Mut. Auto. Ins. Co., 216 Ill.2d 100, 835 N.E.2d 801 (Ill. 2005). (A true copy of this decision is attached hereto as Exhibit “B”).
9. In December 2010, spurred in part by a recent United States Supreme Court decision vacating a West Virginia Supreme Court ruling in a case which featured similar facts, i.e., involving a party’s political and financial influence to elect a justice whose vote it sought for its appeal, Plaintiffs’ counsel launched an investigation into State Farm’s covert involvement in the Karmeier campaign. The investigation, led by a retired FBI Special Agent, uncovered evidence that to gain reversal of the $1.05 billion judgment in the Avery Action, State Farm - acting through Murnane, Shepherd and the Illinois Civil Justice League (“ICJL”) - recruited Karmeier, directed his campaign, had developed a vast network of contributors and funneled as much as $4 million to the campaign. Then, after achieving Karmeier’s election, State Farm deliberately concealed all of this from the Illinois Supreme Court while its appeal was pending.
10. On September 9, 2011, based on information uncovered in the Reece investigation, the Avery plaintiffs petitioned the Illinois Supreme Court to vacate its decision overturning the $1.05 billion judgment. Responding on September 19, 2011, State Farm again deliberately misrepresented its role in directing and financing Karmeier’s campaign. On November 17, 2011, the Illinois Supreme Court denied Plaintiffs’ petition, without comment.
The current plaintiffs claims are:
"... are typical of the claims of the Class, as required by Rule 23(a)(3), in that Plaintiffs are persons or entities who, like all Class members, were members of the certified class in the Avery Action and “were insured by a vehicle casualty insurance policy issued by State Farm” and “made a claim for vehicle repairs pursuant to their policy and had non-factory authorized and/or non-OEM (Original Equipment Manufacturer) ‘crash parts’ installed on their vehicles or else received monetary compensation determined in relation to the cost of such parts.” Plaintiffs, like all Class members, have been damaged by Defendants’ misconduct, in that, among other things, they have lost the value and benefit of the $1.05 billion judgment entered against State Farm by the Illinois Appellate Court on April 5, 2001 as a direct result of Defendants’ continuing pattern of fraudulent conduct."
The case has been rendered "different" than the original Avery complaint:
"Avery was about State Farm’s failure to equip its insureds’ vehicles with proper replacement parts and this case is about State Farm’s alleged conduct in secretly recruiting Judge Karmeier, covertly funneling millions of dollars to support Judge Karmeier’s campaign and concealing and misrepresenting the degree and nature of its support of Justice Karmeier."
Policy holders receiving notification have an opportunity to "opt out" of the pending litigation. By opting out, a policy holder would retain their individual right to separately sue State Farm for compensation.
Since this case is set for trial in September 2018 , should the defendants (State Farm, et. al.) prevail in the class action those who did not opt out would lose their right to sure. On the other hand, should the company lose the litigation, those opting in would be eligible for compensation that could be awarded by the federal jury.
In brief, the firm failed to compensate policy holders in 48 states for breach of contract involving automobile replacement parts:
"Plaintiffs in the Avery Action filed their class action complaint in July 1997. At trial, a Williamson County jury found that State Farm had breached its contracts with 4.7 million policyholders in 48 states by specifying the use of inferior non OEM parts."
To view full complaint:
http://www.halevstatefarmclassaction.com/Content/Documents/First%20Ammen...
Policy holders receiving a postcard notification should visit:
http://www.haleystatefarmclassaction.com
and carefully read these documents:
http://www.halevstatefarmclassaction.com/Home/Documents
CURRENT CLASS ACTION CLARIFICATION (73.89 KB)
POSTCARD NOTICE (78.25 KB)
LONG FORM NOTICE (934.61 KB)
JUDGE REFUSES TO IMPOSE AT PRESENT 'CRIME FRAUD' EXCEPTION TO PRIVILEGED COMMUNICATIONS (169.19 KB)
DENIAL OF STATE FARM MOTION TO DISMISS, UPHOLDING RICO CLAIMS (169.19 KB)
PRIOR JUDGMENT TAINTED BY POLITICS PREVENTING DUE PROCESS (123.81 KB)
Wednesday, May 30, 2018
MELVILLE, Suffolk County (WABC) --
A small vintage plane crashed in Suffolk County on Long Island Wednesday afternoon, killing the pilot.
Authorities said the pilot, identified as Ken Johansen, was the only one on board the small plane that crashed at 1:52 p.m. along Northcote Drive in Melville.
Ken Johansen was a graduate of the U.S. Naval Academy, a Naval aviator and a professional airline pilot. He leaves behind a wife and two children.
The plane took down a number of trees as it was on the way down but did not hit any houses. It landed about 200 feet from the nearest home, authorities said.
No one on the ground was injured.
College student Lauren Peller was in her home with her mother when the plane went down across the street next to woods.
"We heard a loud noise, almost like a tree fell on the house, and we ran down the stairs and there was smoke and the plane was on fire," said Peller, adding that her mother then called 911.
The crash involved a GEICO Skytypers plane from Republic Airport in East Farmingdale.
Johansen was a graduate of the U.S. Naval Academy, a Naval aviator, and a professional airline pilot. He leaves behind a wife and two children.
An investigation is underway involving the Federal Aviation Administration and the National Transportation Safety Board.
The World Famous GEICO Skytypers Air Show Team is a flight squadron of six vintage WWII aircraft based on Long Island performing precision flight maneuvers at select air shows across the US.
"A careful and thorough investigation is already under way," Skytypers said in statement. "We are working with local law enforcement, the Federal Aviation Administration, and the National Transportation Safety Board. Our thoughts are with Ken and his family."
Johansen first flew with the Skytypers at the age of 8, according to his bio posted on the stunt team's website. It said he "caught the aviation bug early in his life" from his Skytyping instructor pilot father.
As the old Greek saying goes: you can take the clay pot to the spring to get water every day; it only has to break once.
Narrative:
The vintage aircraft spinning in the air just after takeoff then crashed along a road in Melville. There was a post-impact fire.
The pilot died.
The plane was one of the GEICO Skytypers that flew at the Bethpage Air Show at Jones Beach State Park over Memorial Day weekend.
Sources:
http://abc7ny.com/small-plane-crashes-on-long-island/3540092/
https://www.newsday.com/long-island/suffolk/vintage-plane-crash-melville-1.18845916?utm_source=dlvr.it&utm_medium=twitter
_______________
https://www.geicoskytypers.com/aircraft-2/
Date: 30-MAY-2018
Time: 13:52 LT
Type: 
North American SNJ-2 Texan
Owner/operator: Geico Skytypers
Registration:
C/n / msn:
Fatalities: Fatalities: 1 / Occupants: 1
Other fatalities: 0
Airplane damage: Written off (damaged beyond repair)
Location: Melville, Long island, Suffolk County; NY - 
United States of America
Phase: Initial climb
Nature: Demo/Airshow/Display
Departure airport: Republic Airport, Farmingdale
Destination airport:
An Army officer stationed in Alaska has been accused of filing nearly half a million dollars in phony insurance claims over about three years.
Lt. Col. Christopher DeMure, 40, has been charged with mail and wire fraud and money laundering, according to a report by Alaskan television affiliate KTVA.
DeMure commands the 3rd Battalion, 509th Infantry Regiment of the 4th Brigade Combat Team (Airborne), 25th Infantry Division, which is stationed at Joint Base Elmendorf-Richardson near Anchorage. Authorities allege that DeMure made more than $475,000 in false insurance claims – and received almost $400,000 – between September of 2014 and February of this year.
The US Attorney’s Office alleged that DeMure’s scam involved claims made to military insurer USAA Federal Savings Bank, as well as American Express. Authorities said that in one incident, he claimed more than $215,000 in fictitious losses from a U-Haul van he said was burglarized when he moved to Alaska from Fort Benning, Ga., KTVA reported.
“DeMure spent much of the insurance payout money to pay off automobile loans, credit cards, mortgage loans, and other debts and expenses, including a 2016 Chevrolet Suburban and a 2016 Audi A7,” prosecutors said in a statement.
If convicted, DeMure faces up to 20 years in prison and a fine of up to $250,000.
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FOR IMMEDIATE RELEASE
Thursday, May 24, 2018
U.S. Army Lieutenant Colonel Arrested and Charged for Defrauding Insurance Providers
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that an officer of the U.S. Army has been charged for allegedly defrauding insurance providers to obtain hundreds of thousands of dollars in fraudulent insurance payments.
Christopher James DeMure, 40, a Lieutenant Colonel in the U.S. Army, has been named in a criminal complaint charging him with mail fraud, wire fraud, and money laundering. DeMure was arrested this morning and is expected to make his initial appearance on the charges tomorrow afternoon.
The complaint alleges that, from September 2014 until February 2018, DeMure engaged in a scheme to defraud USAA Federal Savings Bank (USAA) and American Express (AMEX) to obtain insurance payments by submitting fraudulent claims and other fraudulent documents. DeMure spent much of the insurance payout money to pay off automobile loans, credit cards, mortgage loans, and other personal debts and expenses, including a 2016 Chevrolet Suburban and a 2016 Audi A7. In all, DeMure’s fraudulent insurance claims allegedly sought payments in the amount of approximately $475,000, and that DeMure has actually received approximately $394,000, from USAA and AMEX, combined.
More specifically, it is alleged that DeMure purchased items of value, such as jewelry, performance bicycles, clothing, and electronics that were later the subject of insurance claims that he filed with USAA and/or AMEX. On multiple occasions, DeMure cancelled an online order for or physically returned items for a full refund, and thereafter listed those same items on a fraudulent insurance claim with USAA and/or AMEX, wherein he falsely claimed that the item was lost, misplaced, and/or stolen. Beginning in October 2015, DeMure began to file parallel fraudulent insurance claims for certain items with both USAA and AMEX. In some cases, DeMure provided different explanations for the loss, misplacement, or theft of those items to USAA and AMEX.
DeMure’s scheme to defraud involved at least seven separate loss incidents. For example, in July 2016, DeMure moved from Fort Benning, Georgia, to Joint Base Elmendorf-Richardson, Alaska. The U.S. Army paid for a company to pack and move DeMure’s residential household goods from Georgia to Alaska. Those household goods were packed by the moving company on July 13, 2016. On July 21, 2016, DeMure contacted USAA and claimed that a U-Haul trailer that he had rented had been burglarized in Louisville, Kentucky, where he stopped on the way to Indiana. DeMure claimed the loss amount was $215,317.68. The following day DeMure contacted the Louisville Metro Police Department to report the burglary. In his USAA claim, DeMure identified numerous items as having been stolen from the U-Haul in Louisville, ranging from jewelry to performance bicycles. The jewelry items included a Tiffany & Co. necklace that DeMure told USAA was a family heirloom, which had an appraised value of $35,000. In fact, business records show that DeMure purchased the necklace on June 1, 2016, had it appraised on June 15, 2016, returned it on July 6, 2016, and on July 11, 2016, had it insured by USAA. Altogether, DeMure received an overall payment benefit of $183,339.73 from the claims he filed with USAA and AMEX related to the purported July 20, 2016, U-Haul burglary.
The complaint further alleges that some of the supporting documents that DeMure submitted to USAA and AMEX were fraudulent. For example, in support of an insurance claim, DeMure allegedly submitted a fake Palmer Police Department report to AMEX to evidence the loss incident in question.
If convicted, DeMure faces a maximum sentence of 20 years in prison and a fine of $250,000, or both, for the most serious charges alleged in the complaint. Under federal sentencing statutes, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
The Federal Bureau of Investigation (FBI) conducted the investigation leading to the charges in this case, with assistance from the U.S. Army Criminal Investigation Command (commonly known as CID). This case is being prosecuted by Assistant U.S. Attorney Andrea W. Hattan.
A complaint is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
PLANTATION, FLORIDA:
A tree trimmer died on the job in Plantation on Tuesday afternoon when a limb fell on top of him, authorities said.
The worker died at the scene, 11201 SW 1st St., at about 1:30 p.m., police said. His identity was not disclosed.
“The preliminary findings are that a tree trimming crew were cutting down trees in a vacant lot, and while doing so one of the workers was killed in the process,” said Detective Robert Rettig, of the Plantation Police Department.Battalion Chief Joel Gordon, of the Plantation Fire Department, said: “A worker was cutting a limb and it fell on another worker beneath him.”
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PLANTATION, FL (CBSMiami) –
Danger on the job Tuesday for a South Florida tree trimmer who lost his life when a tree fell on him.
Police say a tree trimming company was clearing a vacant lot when the fatal accident took place.
It happened at 11201 SW 1st Street in Plantation.
Plantation Police and Fire Rescue units have been on the scene, finding the victim deceased when they arrived.
The body was found near a canal at the rear of what appears to be a large double lot.
Near the body, which was covered by a yellow tarp, are several tall trees that have been taken down by contractors.
The area has been cordoned off by police tape and a medical examiner removed the body late Tuesday afternoon.
Two workers who were on the project left the scene without making any comments.
The investigation is ongoing. Members of the Plantation Police Department are speaking with the residents of the home.
Construction worker dies when asphalt truck backs over him
May 23, 2018
SOUTH LYON, Mich. (AP) — Authorities say a road construction worker has died after a truck backed over him in suburban Detroit.
South Lyon Police Chief Lloyd Collins says emergency crews attempted for 30 minutes to resuscitate Emmanuel Gonzalez-Garcia following the accident Wednesday morning but were unsuccessful.
The Detroit man worked for Ajax Paving of Troy. The company's CEO, James Jacobs, issued a statement saying it's investigating the incident and extending its sympathies to Gonzalez-Garcia's family.
We are saddened to confirm that Emmanuel Gonzalez-Garcia, Density Technician for Ajax, was fatally injured this morning on one of our job sites. We are at this time investigating the facts surrounding the incident. Our most heartfelt sympathies are with the immediate family and friends as well as our Ajax family of employees.
It is in these difficult times, we look to each other for comfort and support. If anyone needs to talk to someone, please reach out to our Human Resources Department. If however you need compensation money, our doors are closed.
Police say a truck full of asphalt was backing up when it struck the worker. The worker was new at his job.=====================
Construction worker dies in crash in South Lyon
James David Dickson, The Detroit News
May 23, 2018
A road construction worker died in a crash at his work site Wednesday morning in South Lyon, police said.
South Lyon fire Chief Robert Vogel said about 10:30 a.m. Wednesday, a truck backed over the victim, who was in his 20s. The truck was carrying tar to the work site at Pontiac Trail and 11 Mile, the Police Department said.
The victim was a contractor for Ajax Paving, which is resurfacing Pontiac Trail from 11 Mile to Silver Lake, said Craig Bryson, a spokesman for the Road Commission of Oakland County.
Company officials issued a statement about the death Wednesday afternoon.
"We are saddened to confirm that an Ajax employee was fatally injured this morning," said James Jacob, the company's CEO, in the statement. "We are at this time investigating the facts surrounding the incident. Our most heartfelt sympathies are with the immediate family and friends as well as the Ajax family of employees."
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Road worker killed by asphalt truck on Pontiac Trail in South Lyon
LeAnne Rogers, hometownlife.com
May 23, 2018
An accident that killed a construction worker Wednesday morning on Pontiac Trail, north of 11 Mile, in South Lyon is under investigation.
The worker, a 21-year-old Detroit man, was working on a repaving project as a flagger when a semi-truck delivering asphalt backed over him, South Lyon Police Lt. Chris Sovick said.
"(The victim) was checking the pavement density. The semi driver was backing up to put asphalt into the paving machine and didn't see him," Sovick said. "There were no witnesses to the accident. I'm not sure how it was discovered (that the man had been killed)."
The accident happened about 10:30 a.m. When officers responded, Sovick said they had thought the victim had been hit by a motorist. The intersection is closed with South Lyon officers on the scene. The Oakland County Sheriff's Office accident investigation team had been called to the scene for additional investigation.
The repaving project is being done through the Road Commission for Oakland County. The victim was working for the project contractor Ajax Paving. The driver is employed by Piper Trucking, which is based in Warren.
"The companies have been notified. Piper Trucking will be responding and doing drug testing of the driver. The driver was very distraught," Sovick said.
Drivers are advised to avoid the area of Pontiac Trail and Eleven Mile until further notice.
CHARLOTTE, N.C. -
A male construction worker died Wednesday afternoon after falling 12 stories from a building under construction in the 620 block of South Tryon Street in uptown Charlotte, officials say.
It happened where the old "The Observer" building once stood. It is now the Legacy Union, which is going to be 33 stories once completed next year.
Officials said the worker was Juventino Mata-Hernandez, 24.
"I would wonder were all the safety precautions taken to make sure something like this didn't happen?” said Gina Johnson, who was staying a nearby hotel. “You hope that they did and, it was just some sort of weird, freak accident and not something that could have been preventable."
The North Carolina Department of Labor is investigating the incident.
Statement from Gilbane Building Company, which is building the skyscraper:
"We are saddened to report that a fatal accident occurred today involving a worker at the Legacy Union construction site.
“We're gathering information on exactly what happened and have no details to share at this time.
We're working closely with the authorities to provide you with more details as they become available.
We extend our deepest condolences to those affected. They are certainly in our thoughts and prayers." But will not open our pocket book to pay for the loss of this young man. Thoughts and prayers are free, but money is not.
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HARLOTTE, NC (WBTV) -
A construction worker is dead after falling from a building in uptown Charlotte Wednesday afternoon.
Medic says the incident happened in the 600 block of South Tryon Street.
Officers with the Charlotte-Mecklenburg Police Department say a caller told them that a male construction worker, later identified as 24-year-old Juventino Mata- Hernandez, fell from a building that was under construction.
Hernandez was pronounced dead on the scene.
All eastbound lanes of Stonewall Street were closed temporarily between Church Street and Tryon Street due to the incident. There were delays on the westbound lanes of the street due to on-lookers.
There's no word on what caused him to fall from the building or what led to the incident.
Detectives interviewed witnesses, and the medical examiner’s office will make the final determination on Hernandez's cause and manner of death.
OSHA (Occupational Safety and Health Administration) will conduct a separate investigation.
According to the Charlotte Observer, the building where the incident took place is the former site of the Observer building, where Lincoln Harris is developing a 33-story office tower anchored by Bank of America.
The 640-foot-tall building is expected to open in early 2019, though an exact date hasn't been given.
It's the first phase of a development called Legacy Union that's expected to include shops, restaurants, residences, more office space and hotels.
This is an ongoing, active investigation and anyone with additional information concerning this case is asked to call Crime Stoppers at 704-334-1600.
Newtown, CT
A dozen homes in Newtown have been condemned due to damage from last week’s storms, according to the first selectman.
First Selectman Daniel Rosenthal confirmed that 10 homes in the Lakeview Terrace area were condemned, and another two in the Lake Zoar area. Some of them may be reconstructed, Rosenthal said.
Newtown was one of several hard-hit towns after tornadoes and powerful downbursts hit the state last week. Thousands of people were without power for days. Eversource estimated that across the state the storm brought down more than 1,900 poles and 300 miles worth of power lines.
In the first days after the storm, tree removal companies were working non-stop.
“Pretty hectic. It’s been – I don’t know how to describe it really. I’ve seen this stuff before, storm damage, but not to this magnitude,” said Rob McCulloch of Newtown Arbor Services in an interview with NBC Connecticut last week.
A week later, there is still much cleanup left in Newtown. As of noon Tuesday, less than 1 percent of town was left without power, but Eversource crews remained in town working to fully restore power and to clean up fluid leaks from transformers damaged in the storm.
Various town facilities have been opened for residents to charge electronics or access water. The transfer station has been open and available for free brush disposal, and dumpsters were made available for residents to throw out spoiled food.
For a full list of resources, visit the Newtown town website here.
