On
an unusual case that arose from a workers’ compensation lawyer’s office, a
hearing representative from the law office was charged with multiple felony
counts of insurance fraud and grand theft on November 12, 2015. There is no
allegation that the lawyer knew of the alleged fraud. The case is being
prosecuted by the Los Angeles County District Attorney's Office in Los Angeles County Superior Court.
Department
of Insurance investigated hearing representative Ramon Humerto Otero of and an
interpreter Efrain Heredia Ojeda. It is alleged that they conspired to
steal an $18,946 settlement check intended for a client whose workers'
compensation case Mr. Otero was presiding over and who passed away before the
settlement with the insurer was achieved.
Mr.
Otero, a hearing representative for the law offices of Ramon Otero Jr.,
negotiated a workers' compensation settlement agreement for his client. During
the course of the negotiation, his client passed away.
Mr.
Otero still proceeded with negotiations despite the passing of his client and
reported to the insurer that his client's address changed. Suspecting fraud,
the State Compensation Insurance Fund referred the claim to the Department of
Insurance for investigation.
Detectives
found evidence that Mr. Otero instructed the insurer to mail the settlement
check to the residence of Mr. Ojeda, an interpreter and close associate of Mr.
Otero. Mr. Ojeda allegedly forged the deceased's signature to endorse the
settlement check and deposited it into his personal bank account.
Attorney
Commentary: We have represented attorneys where their office staff were
involved in illegal referral arrangements, improperly took funds from clients
or engaged in other misconduct. Cases such as this can cause problems for
attorneys with the State Bar or in a civil context.
Posted by Tracy Green, Attorney at Law
Office: 213-233-2260
Email: tgreen@greenassoc.com
