By Mark E. Vogler
Staff Writer
March 03, 2008 05:59 am LAWRENCE — Three generations of a Methuen family tried to cash in on a car crash that happened on paper only — and they almost got away with it. But more than five years later, Maria Espaillat, 48, of 31 Phillips St., has confessed to using her 81-year-old mother, Ana, as a phantom passenger in the fake accident. Espaillat also told police she talked her 26-year-old son, Abel Czarlinksky, into letting her use the 1991 Volkswagen Passat that was deliberately banged up by a friend named "Roque" to make it look like it was in a crash. Police said Espaillat, her mother and her son have given statements to investigators of the Lawrence Auto Insurance Fraud Task Force admitting that none of the two drivers and five passengers listed in the accident report was involved in a two-car crash at Nelson and Congress streets Dec. 14, 2002, as they had claimed. The three Methuen family members are among the latest nine people being charged with auto insurance fraud. The crackdown that began in the fall of 2003 — nearly a year after the phony crash — has led to 285 individuals being charged in what has turned out to be the biggest auto insurance fraud probe in state history. "Because of health issues, the 81-year-old woman is being summonsed into court to face the criminal charges," Lawrence police Chief John Romero said. "But we've arrested her daughter, who used her son's car and put her own mother in the car as a passenger," the chief said. "It's really something — an 81-year-old woman being used by her daughter to prop up a phony accident scam for profit. Fortunately, the older woman's life was never endangered because this was a paper accident that never happened." It was the death of Altagracia Arias, a 65-year-old Lawrence grandmother who died in a staged crash in September 2003 that prompted Romero to assemble a special task force, which includes investigators of the Insurance Fraud Bureau of Massachusetts and a handful of city detectives. The special unit works closely with the Essex County district attorney's office, the state attorney general's office and investigators of several insurance companies that do business in Lawrence. Romero said the latest case is significant because it's one of the oldest ones investigated by the task force. Accident claims were filed about 10 months before the task force was operational. "I think this case shows how serious we are in going after insurance fraud, and the fact that crimes committed several years ago will still be prosecuted if they are turned over to the task force," Romero said. Sentry Insurance paid out $14,235 in no-fault benefits — most of it issued in checks to the now-defunct Lawrence Back and Neck clinic on Essex Street, once the top-billing chiropractic clinic in the state. Its owner, Alan Cohen, went to jail two years ago after pleading guilty to auto insurance fraud. Hanover Insurance denied all the claims filed in connection with the crash. A forensic examination done by special investigators working for Hanover determined the Volkswagen was stationary when struck in the side. It also concluded that the front corner of a Lincoln said to be involved in the crash struck a solid orange object — not the Volkswagen. The Insurance Fraud Bureau referred the case to the task force. There was already suspicion about the case because of Hanover's denial. There was no police, fire, tow truck or ambulance response to the crash. Investigators also noted that the operator reports filed by the drivers don't show any clear injury to any of the passengers. Lawrence police Detective Ryan Guthrie and Debbie Ushkevich of the Insurance Fraud Bureau of Massachusetts — both task force members — met with Maria Espaillat, listed as the driver of the Volkswagen, in early January. She confessed that there was no accident. Investigators said her friend "Roque" asked her to do "a case" — terminology for a staged car crash. Espaillat agreed and asked Czarlinsky, her son, to use his car. Her son asked two friends to be involved in the phantom crash, she told investigators. Czarlinsky claimed it was his mother's idea to involve his friends. Espaillat said Roque picked up the Volkswagen at her home and damaged it a few days later. Espaillat admitted that nobody listed on the operator's accident report was in an accident or injured. Ana Espaillat confirmed the accident was faked so that her daughter and Roque could make money. Romero said Roque remains a mystery man to police, but he may be a major "runner" involved in setting up numerous phony crashes to scam insurance companies. Here are the nine people who were charged: Maria Espaillat, 48, 31 Phillips St., Methuen. Insurance fraud, attempt to commit a crime, larceny over $250 and conspiracy. She had claimed to be the driver of the Volkswagen that was allegedly hit by a 1993 Lincoln Mark VIII at Nelson and Congress streets in Lawrence. She turned herself in and confessed. Ana Espaillat, 81, 31 Phillips St., Methuen. Insurance fraud, attempt to commit a crime, larceny over $250 and conspiracy. She is the mother of the driver and was a phantom passenger in the Volkswagen. She confessed and will be summoned to court for health reasons. Abel Czarlinsky, 26, 31 Phillips St., Methuen. Insurance fraud, attempt to commit a crime and conspiracy. He is the son of the driver and owned the car. He wasn't present. He turned himself in and confessed. Bienvenido Perdomo, 25, 75 Jamaica St., Lawrence. Insurance fraud, attempt to commit a crime, larceny over $250 and conspiracy. A friend of Czarlinsky. he was a phantom passenger in the Volkswagen. He confessed. Charles Bido, 26, 73 Jamaica St., Lawrence. Insurance fraud, attempt to commit a crime, larceny over $250 and conspiracy. A friend of Czarlinsky, he was a phantom passenger in the Volkswagen. He remains at large. Billy Rodriguez, 35, Boca Raton, Fla. Insurance fraud, attempt to commit a crime and conspiracy. He owned the Lincoln, alleged to have hit the Volkswagen. He wasn't present. He remains at large. Eustacia Delacruz, 60, 234 Lawrence St., Lawrence. Insurance fraud and conspiracy. She had claimed to be the driver of the Lincoln. She confessed. Cristino Cartagena, 55, 36 Highland St., Lawrence. Insurance fraud, attempt to commit a crime and conspiracy. Police say he was a phantom passenger in the Lincoln. He denies any wrongdoing. Julio Tejada, 34, 4 Lexington St., Lawrence. Insurance fraud, attempt to commit a crime and conspiracy. Police say he was a phantom passenger in the Lincoln. He denies any wrongdoing.
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