TRENTON
- Attorney General David Samson announced
that the Division of Criminal Justice
- Office of Insurance Fraud Prosecutor
has obtained a superseding criminal indictment
which charges a former investigator with
the Mercer County Prosecutor's Office
and a PA public insurance adjuster with
setting four additional arson fires as
part of a Mercer County-based arson for
profit and insurance fraud scheme alleged
to have netted a percentage of more than
$500,000 in insurance settlement claims.
According to Peter C. Harvey, First Assistant
Attorney General and Director of the Division
of Criminal Justice, Marc Rossi, 39, Estates
Blvd., Hamilton Township, Mercer County,
was charged in the superseding indictment
with seven counts of arson-for-hire, one
count of arson, one count of theft by
deception, three counts of conspiracy,
one count of falsifying records, and four
counts of forgery. Also named in the superseding
indictment was Michael Winberg, 42, of
Nettle Tree Lane, Levittown, PA. Winberg
was charged with four counts of arson-for-hire
and one count of possession of a weapon
for an unlawful purpose for the alleged
use of a Molotov cocktail to start a residential
fire.
The superseding State Grand Jury indictment
identifies the four additional fires as
a residence located at 506-510 West Hanover
St., Trenton, a rental property located
at 41-43 Prospect St., Trenton, a residence
located at 1732 East State St., Hamilton
Township, and a residence located at 350
St. Joes Ave., Trenton.
On July 19, a State Grand Jury charged
Rossi with participating in the planning
of several arson-for-hire fires including,
a March 11, 1999 arson fire at Graziano's
Florist Shop located at 540 South Clinton
Ave., Trenton; the April 6, 1999 arson
fire that destroyed the Country Barrel
Inn located at 5834 South Broad St., Hamilton
Township, and the Jan. 11, 1999 arson
fire at a barn on the property of Frank
"Sonny" Rose, located at 58 Soloff Drive
in Hamilton Township.
Additionally, the previous indictment
charged that Rossi purposely caused property
damage at an apartment he rented at 136
Second St. in Bordentown by making it
appear that vandals had broken into the
residence and caused damage which was
subject to an insurance claim reimbursement.
On May 28, 2002, a State Grand Jury charged
Michael Winberg with setting a fire on
March 19, 1999, at Jerry's Pizza located
at 701 South Broad St., Trenton. Otis
Boone and Jerome Adderley were named in
the Winberg indictment but were charged
separately.
Winberg
as a licensed public insurance adjuster,
at the time the alleged arsons were committed,
along with Otis Boone were employed by Rossi
Adjustment Services as public insurance
adjusters. Rossi Adjustment Services was
a Trenton based public insurance claims
adjusting firm owned by Marc Rossi. Rossi
Adjustment Services allegedly obtained a
percentage of some of the insurance claims
it adjusted.
Winberg was previously convicted by the
Office of the Insurance Fraud Prosecutor
for theft related to his insurance business
as a public adjuster. In a separate indictment
containing charges unrelated to the superceding
indictment, Winberg was charged with theft
by failure to make required disposition
of property received for his alleged involvement
in the misappropriation of five insurance
settlement claim checks totaling over
$18,000. The checks were issued to settle
homeowners insurance claims for storm
damage done to two homes in Brick Township.
On Feb. 5, 2001, Winberg pleaded guilty
to the charges and was sentenced on March
16, 2001 to three years probation and
ordered to pay restitution in the amount
of $15,337.
The arson-for-hire investigation conducted
by the Office of Insurance Fraud Prosecutor
resulted in the indictment and/or charging
of several other co-defendants identified
as part of the alleged arson and insurance
fraud conspiracy. The co-defendants include:
-
On Dec. 8, 2000, Frank "Sonny" Rose
pleaded guilty to an Accusation charging
him with arson and conspiracy to commit
theft by deception. Rose admitted to
conspiring with Rossi to set fire to
his (Rose's) barn in order to submit
an insurance claim. Rose was subsequently
paid $44,000 by the insurance company
for this claim. Rose was sentenced to
five years probation on Dec. 14, 2001;
-
On Feb. 11, 2002, Marc Graziano, the
owner of Graziano's Florist Shop, pleaded
guilty to an Accusation which charged
him with third degree conspiracy to
commit arson and third degree theft
by deception. At the guilty plea hearing,
Graziano admitted that he conspired
with Rossi and others to set fire to
the florist shop in order to obtain
fire insurance claim money from Zurich
Insurance Group by submitting a fraudulent
claim in the amount of $65,892. Zurich
Insurance Group paid the claim in the
amount of $26,468. Graziano is pending
sentencing;
-
On Feb. 27, 2002, Otis Boone and Jerome
Adderley were charged by the Division
of Criminal Justice - Office of Insurance
Fraud Prosecutor through a State Grand
Jury indictment in connection with the
series of Trenton-area arson fires.
Boone was charged with arson for hire,
theft by deception, conspiracy and possession
of a weapon for an unlawful purpose
for his alleged participation in seven
arson fires, including Jerry's Pizza,
the Country Barrel Inn and Graziano's
Florist Shop. The weapons charge stemmed
from Boone's alleged use of a "Molotov
cocktail" to start one of the fires;
-
On Feb. 27, 2002, Jerome Adderley was
indicted by a State Grand Jury on charges
of conspiracy, arson and theft by deception
in connection with the Graziano Florist
Shop arson fire. Adderley was arrested
by the New York City Police Department
on July 18, 2002. The arrest was based
on a fugitive warrant filed by the Division
of Criminal Justice. Adderley pled guilty
to third degree conspiracy on August
27, 2002 and is also scheduled to appear
before Judge Delehey for sentencing
on December 4, 2002;
-
Boone pleaded guilty to second-degree
conspiracy and six counts of second
degree aggravated arson on Oct. 21,
2002 and is scheduled for sentencing
before Judge Delehey on Jan. 31, 2003.
Crimes of the first degree carry a maximum
punishment of 20 years in state prison
and a fine of up to $200,000. Crimes of
the second degree carry a maximum punishment
of 10 years in state prison and a fine
of up to $150,000. Crimes of the third
degree carry a maximum state prison sentence
of up to five years and a $15,000 fine,
while crimes of the fourth degree carry
a maximum punishment of 18 months in state
prison and a $15,000 fine. Additionally,
the defendants face the possibility of
the imposition of civil insurance fraud
fines pursuant to the Insurance Fraud
Prevention Act. The Rossi and Winberg
indictment will be referred for action
with respect to their insurance public
adjuster's licenses.
The indictment was handed up to Mercer
County Superior Court Judge Linda R. Feinberg,
the Assignment Judge in charge of the
State Grand Jury. The case is assigned
to the Mercer County Superior Court for
trial. Rossi and Winberg will be ordered
to appear for arraignment on a date to
be determined.
The investigation was conducted by the
Division of Criminal Justice's Office
of the Insurance Fraud Prosecutor which
investigates and prosecutes both civil
and criminal insurance fraud related cases.
The investigation was coordinated by Deputy
Attorney General Lew Korngut. State Investigator
Robert Stemmer and Civil Investigator
Joseph Salvatore of the Office of the
Insurance Fraud Prosecutor were assigned
to the investigation. Also assisting with
the investigation were Det. Scott Connor,
Sgt. Marvin Johnson, Ret. Lt. John Stankard
of the Trenton Police Department, Agent
Rick Weber of the federal Bureau of Alcohol,
Tobacco and Firearms, and the Mercer County
Prosecutor's Office.
An indictment is merely an accusation.
The defendants are presumed to be innocent
of the charges unless and until proven
guilty beyond a reasonable doubt.
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