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News Release

For Immediate Release
December 2, 2010

Catherine L. Bernhard, Senior Assistant Attorney General
Insurance Fraud Unit Prosecutor
Consumer Protection and Anti Trust Bureau
(603) 271-2898 or (603) 271-7973 x 235

Plea and Sentencing – State of NH v. Wayne Holler

Attorney General Michael A. Delaney and Insurance Commissioner Roger A. Sevigny announced today the conviction of Wayne Holler for Insurance Fraud. Mr. Holler submitted false information regarding his employment and earnings while he was receiving workers' compensation benefits for a work related injury to his shoulder.

A plea and sentencing hearing was held on December 1, 2010 at Merrimack County Superior Court before the Hon. Larry M. Smukler. Mr. Holler, age 53 of Concord, NH was found guilty of a class B felony and received a suspended sentence of one to three years at the New Hampshire State Prison. According to the terms of the plea agreement, Mr. Holler is required to pay restitution to Acadia Insurance Company in the amount of $2,891.95, to pay a fine $500.00 and to write a letter of apology to Acadia Insurance.

The conviction was the result of a crime Mr. Holler committed in 2009 while he was collecting workers' compensation benefits for a work related shoulder injury. While out on disability, Mr. Holler was asked by his insurer Acadia Insurance Company to complete a form and answer questions about whether he had performed work for which he received earnings, or whether he was self employed for any period of time. Mr. Holler completed the form responding that he did not work or receive earnings from work on or between March 8, 2009 and June 8, 2009. Mr. Holler knew that the responses to these questions would affect his ability to continue to receive workers' compensation insurance benefits. Mr. Holler was observed and videotaped by investigators for the insurer while he was performing work during the time period in question.

The claim was first investigated by Acadia Insurance Special Investigations Unit. The insurer referred the case to the NH Insurance Fraud Unit pursuant to RSA 417:28 for a criminal investigation. The NH Insurance Fraud Unit investigation revealed documentation of payments made to Mr. Holler in June of 2009 for carpentry work. Mr. Holler was interviewed about his work and earnings and acknowledged that he had provided false answers on the Department of Labor Employee's Statement of Employment Status form.

The conviction is the result of collaboration between the NH Attorney General's Office and the NH Insurance Department Fraud Unit. The Fraud Unit was formed under RSA 417 to investigate and prosecute Insurance Fraud and other insurance-related criminal activity with the assistance of the NH Department of Justice.

New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658