09-13-05 -- Figueroa, Luis M. -- Guilty Plea -- News Release

Former Federal Law Enforcement Officer Admits Workers' Compensation Fraud

NEWARK - A former federal police officer pleaded guilty Monday to concealing information from the U.S. Department of Labor to obtain Workers' Compensation benefits, U.S. Attorney Christopher J. Christie announced.

Luis M. Figueroa, 56, of Queens, N.Y., entered his guilty plea before U.S. District Judge William H. Walls, to Count Four of a nine-count Superseding Indictment. Sentencing is scheduled for Dec. 13, 2005.

The Superseding Indictment alleged that on or about July 20, 2001, Figueroa filed a Workers' Compensation claim for injuries he allegedly sustained to his left shoulder, left knee, and left wrist while carrying out his duties as a Federal Police Officer at Picatinny Arsenal in Morris County, N.J.

From July 2001 to about August 2003, Figueroa received in excess of $50,000 in federal Workers' Compensation benefits. The Superseding Indictment further alleged that a doctor examined Figueroa and concluded that he was medically incapable of performing any work at Picatinny. During the period that Figueroa was receiving Workers' Compensation benefits and claiming that he was disabled, the Superseding Indictment alleged that Figueroa was an active member of the New Jersey National Guard, where he routinely participated in military training and received pay from the Guard.

During his plea hearing, Figueroa admitted that on Feb. 25, 2002, he completed and submitted a Form 1032 to the Department of Labor. The Department of Labor uses this form to determine if a claimant is qualified for continued Workers' Compensation benefits. Figueroa admitted that the form required him to disclose whether he had worked for and received income from any employer, including the National Guard, while collecting Workers' Compensation benefits. Figueroa further admitted that while he was collecting Workers' Compensation that he attended military training and received income from the Guard. Figueroa admitted that he willfully failed to disclose his employment with and income earned through the Guard to the Department of Labor.

Figueroa pleaded guilty to concealing material information from the United States. The charge carries a maximum penalty of five years' imprisonment and a $250,000 fine.

In determining an actual sentence, Judge Walls will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges that take into account the severity and characteristics of the offense, the defendant's criminal history, if any, and other factors. The judge, however, is not bound by those guidelines in determining a sentence.

Parole has been abolished in the federal system. Defendants who are given custodial terms must serve nearly all that time.

Christie credited Special Agents of the Department of Labor's Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge John McGlynn; Criminal Investigators of the Department of the Army's Picatinny Arsenal Office of Criminal Investigation, under the direction of Richard Clawson, Provost Marshall.

The Government is represented by Assistant U.S. Attorney Anthony Moscato of the U.S. Attorney's Office in Newark.

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Defense Counsel:

Lorraine S. Gauli-Rufo, Esq., Federal Public Defender's Office, Newark