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ORGANIZED WASTE
A Heads I Win, Tails You Lose Story
by Barry Zalma, Esq., CFE
The story that follows is based on fact but is
fiction. The names, places and descriptions have been changed to
protect the guilty. This story was written for the purpose of
providing insurers, those in the insurance business and the insurance
buying public sufficient information to recognize and join in the
fight against insurance fraud.
In 1990 the Corleone crime family had an
overabundance of cash. It needed to launder that cash in some
legitimate business. The business had to operate outside the
family’s headquarters in New York. It must be a business that needed
great influxes of cash to operate.
Don Corleone conceived of a company based in
Omaha, Nebraska called Waste, Asbestos Removal and Technology (WART). He
placed in control of WART a local businessman of low reputation, Amos
Nicholas, whose experience was selling used cars.
WART, capitalized with equipment purchased with
the Family’s money, began the process of obtaining contracts to remove
asbestos from public buildings throughout the country. WART hired
marketing specialists whom it promised a commission of 50 percent of the
contract price for every contract obtained. WART had no interest in
making a profit. Its only interest was to convert the monies the family
got by its criminal activities to clean money paid by various
governmental entities for the removal of asbestos. WART made profit by
removing the asbestos and then dumping it in stream beds, gullies, and
vacant land in Nebraska, Wyoming and Colorado.
On occasion WART even obtained a contract from the
City of Omaha to remove and dispose of waste asbestos it had illegally
dumped. WART’S only difficulty was in getting insurance that the
public entities with which it contracted required. Because of the high
risks involved in removing asbestos and other toxic waste, WART was
uninsurable in the regular marketplace. WART was required to go to the
surplus lines market and buy its insurance from new, untested, insurers
operating out of the Bahamas or the Turks and Caicos Islands. Premiums
were high and the level of confidence that the insurer would pay a claim
was low. Two insurers, in fact, disappeared off the face of the earth
shortly before the termination of the policies.
Amos Nicholas suggested at a WART board meeting
that Don Corleone start his own offshore insurance company. It would
allow him to launder more money and provide insurance as required by the
contract.
Shortly after that, Bindle & Crucible
Insurance Company of the Turks and Caicos was born. The Turks Insurance
Department chartered it to insure and reinsure the specialty risks of
toxic waste disposal contractors. Its first client was WART. It then
found that it could sell insurance to legitimate waste disposal
companies who were also having difficulty finding policies. Bindle &
Crucible stayed in business for eighteen months. Fourteen million
dollars in premium ran into the company, it paid two million dollars in
claims, and twelve million dollars in commissions and directors and
officer’s salaries. The doors then closed and no one could find or
make contact with any of the officers, directors or employees of Bindle
& Crucible. Those companies who had purchased the insurance in good
faith found they had none. Each paid claims out of their own pocket.
Each vowed never again to purchase insurance from an offshore insurance
company.
Amos Nicholas was now a trusted advisor of Don
Corleone. He suggested to the Don, now that they had taken as much money
as they could from the defunct Bindle & Crucible Insurance Company,
that they should buy a legitimate company. He had learned that a small
Omaha company, admitted in all fifty states, named Brickwall Insurance
Company was for sale for only $4,000,000, its total assets. The Don
agreed to fund the purchase if Nicholas was willing to operate the
company.
Nicholas explained that buying the company was not
necessary. It should be enough to merely make a legitimate sounding
offer and then issue policies as if they did own the company. The
insurance buyers would never know; no claims would ever be paid; and if
they were lucky, they would stick the insurance company with all of the
liabilities.
Nicholas issued policies in Brickwall’s name to the same clients who
had purchased insurance from Bindle & Crucible. They were now
confident that they were being insured by an admitted company. The
scheme worked well until the first claims started to come in and
Brickwall denied knowledge of the insurance.
Brickwall sued Nicholas for fraudulently issuing
policies. He accepted service, admitted his “error” and promised
never to do it again. The court issued a judgment in favor of Brickwall
prohibiting Nicholas from ever issuing a policy in their name again.
Nicholas went on the help Don Corleone continues
in his business of laundering money through various less than reputable
businesses. He is presently claiming to be President of the Italian
& Eastern Insurance Company of Brooklyn, New York.
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