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FD-302 (Rev. 5-8-10)
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FEDERAL BUREAU OF INVESTIGATION
Date of entry
06/24/2013
NELSON FELIX MARTINEZ TORRES (MARTINEZ), date of birth 05/11/1966,
Social Security Account Number 769-09-8263, was interviewed at the United
States (U.S.) Federal Courthouse in West Palm Beach, Florida. Assisting
with the interview were Internal Revenue Service Criminal Investigative
(IRS-CI) Special Agent (SA) Pam Martin and Federal Bureau of Investigation
(FBI) Investigative Operations Analyst Luz Delgado. Present during the
interview were Assistant United States Attorney (AUSA) Marie Villafana,
MARTINEZ' attorney, Richard Serafini, and his Spanish translator, Pilar
Fernandez. FBI Linguist Cindy Boyer translated the interview from
MARTINEZ' native language of Spanish. After being advised of the official
identities of the interviewing agents and the nature of the interview,
MARTINEZ provided the following information:
Prior to the interview MARTINEZ had the opportunity to review the
Kastigar Letter with his attorney. Both signed a copy of the letter and
provided it to the interviewing agents.
MARTINEZ is from Villa Clara, Cuba. He was educated through the sixth
grade and worked in agriculture. On February 6, 2002 he came to the U.S.
on a boat. He is not a U.S. citizen. Since arriving in the U.S. he has
always lived in West Palm Beach. MARTINEZ has worked in construction and
was most recently working as an air conditioning repairman in Miami Beach.
He has not received any education since moving from Cuba.
MARTINEZ originally learned he could earn money for staging car
accidents from LUIS IVAN. DAVIEL CASTRO, the son of MARTINEZ' friend,
BRUNO NAPOLES, introduced MARTINEZ to LUIS IVAN. At the time of their
introduction, LUIS IVAN owned FEBRES, a clinic on Forest Hill Boulevard and
Florida Mango Road. LUIS IVAN explained to MARTINEZ that he paid accident
patients anywhere from $2,000 to $3,000 for attending his clinic after an
accident. The payments varied based on the insurance company. For
example, companies like State Farm, All State, Progressive and GEICO paid
claims quickly, so patients insured by these companies were paid $3,000.
Patients insured by companies like Ocean Harbor and Seminole were only paid
$2,000 because these companies put up a fight before paying claims. They
investigated claims and required patients to give depositions. If a
patient had a "bad" insurance company LUIS IVAN instructed them to change
companies before staging an accident.
Investigation on
File #
by
06/20/2013
at
MARTINEZ was insured by Ocean Harbor
West Palm Beach, Florida, United States (In Person)
209B-MM-113865
Date drafted
06/20/2013
WILLIAM STEWART, SHAUN P. O'NEILL
This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it and its contents are not
to be distributed outside your agency.
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companies before staging an accident. MARTINEZ was insured by Ocean Harbor
when he originally met LUIS IVAN; therefore he was only paid $2,000 for his
accident.
DAGOBERTO was a friend of LUIS IVAN. He arranged the first staged
accident MARTINEZ participated in. DAGOBERTO determined the location of
the accident and drove MARTINEZ to the scene. There DAGOBERTO introduced
MARTINEZ to the two participants in the other vehicle. He also tried to
place an unknown female inside the car with MARTINEZ but MARTINEZ refused.
The staged crash occurred at night near Parker Avenue in West Palm Beach.
MARTINEZ was alone in his vehicle when he intentionally rear-ended the
participants in the other car. MARTINEZ received an extra $500 for being
the at fault driver, also known as the "macho" (male) or the "pantalones"
(slacks). The participants in the other vehicle are commonly referred to
as the "hembra" (female) or the "saya" (skirt).
MARTINEZ explained that recruiters warned staged accident participants
in opposing vehicles not to call each because that information appeared in
phone records and could be used to show an accident was pre-arranged.
After an accident, participants were instructed to visit a clinic for
treatment. At the clinic, someone, usually the licensed massage therapist
(LMT), instructed the patient to exaggerate his or her injuries and claim a
pain level of nine out of ten when examined by the doctor. The doctor
would evaluate the patient and initially prescribe therapy, usually five
days per week for four weeks. During the first visit, the LMT gave the
patient treatment, not because they needed it, but so they could explain
the treatment they supposedly received to an insurance company if ever
questioned. Next the patient pre-signed 40 to 45 therapy sheets
documenting treatment that never occurred. The patient only returned to
the clinic to see the doctor for subsequent reevaluations, which occurred
three times. During these visits, the patients were again instructed to
claim pain, but at lower levels than earlier visits.
After MARTINEZ' first crash he went to FEBRES by himself and provided
the police report to the receptionist. The LMT, nicknamed "LA CHINA",
prepared MARTINEZ on what to tell the doctor regarding his pain. Aside
from LA CHINA, a slightly overweight female with blond hair also worked at
FEBRES as an LMT. MARTINEZ went on to see DR. LAZARO RODRIGUEZ for an exam
that lasted between 15 and 20 minutes. During the exam, RODRIGUEZ took
MARTINEZ' blood pressure, asked about the car accident and asked where
MARTINEZ felt pain. He then sent MARTINEZ for treatment with LA CHINA, who
had MARTINEZ sign multiple forms. When MARTINEZ was finished with his
visit, LUIS IVAN called him into his office and paid him in cash. MARTINEZ
never went back to FEBRES again for treatment with an LMT.
He did return
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never went back to FEBRES again for treatment with an LMT. He did return
to the clinic for three additional exams with the doctor; once more with
RODRIGUEZ and twice with a different doctor.
As part of MARTINEZ’ initial exam, RODRIGUEZ filled out a prescription
for X-Rays, which were done about a week later at VLADIMIR’s and VIGOA’s
clinic on Congress Avenue and Summit Boulevard. LUIS IVAN was friends with
VLADIMIR and VIGOA. MARTINEZ has seen photos with the three of them
hanging out together.
MARTINEZ has been involved in approximately three staged car accidents
and two real accidents. During one staged accident he had an unknown
female in his car at the time of the crash. LUIS IVAN found this female.
Another accident that involved MARTINEZ, CASTRO and MONTIEL was real. The
three of them had been working near Blue Heron Boulevard when a truck in
front of MARTINEZ stopped suddenly, causing a rear-end collision. Nobody
was injured as a result of the crash; however CASTRO still went to LUIS
IVAN’s clinic at Congress Avenue and 10th Avenue afterward. CASTRO asked
MARTINEZ to attend the clinic but MARTINEZ refused as he had just finished
“treatment” from a different accident approximately three to four months
earlier. Another real crash occurred after MARTINEZ, his wife YANET
HERNANDEZ, and their young child HARRY NELSON MARTINEZ, were driving home
from visiting MONTIEL in the Palm Beach County Jail. MARTINEZ had Seminole
insurance at the time. After the accident he and HERNANDEZ attended
GERARDO SARDINAS’ clinic, which was located on 10th Avenue near a
cemetery. MARTINEZ and HERNANDEZ received $2,000 after seeing the doctor
and another $2,000 when treatment was complete. Their child did not attend
the clinic.
After MARTINEZ and LUIS IVAN developed a friendship, LUIS IVAN asked
MARTINEZ to begin cashing clinic checks. LUIS IVAN offered MARTINEZ 10% of
each check he cashed. At year end, LUIS IVAN tallied the checks paid to
MARTINEZ and reported the amount as income paid to MARTINEZ, an alleged
clinic employee. MARTINEZ was responsible for reporting this to the IRS as
earned income. LUIS IVAN also paid other individuals, to include VIGOA,
ARIEL LNU, and REINALDO MARICHAL, a 10% commission for falsely claiming
income earned from the clinic. LUIS IVAN and these individuals would agree
upon an income amount to report and an employee file would be created to
substantiate the existence of the employee. LUIS IVAN paid individuals 10%
of the total income they were willing to claim.
When cashing checks for LUIS IVAN, MARTINEZ generally went to the bank
alone. He returned the cash to LUIS IVAN, MARIA TESTA or LA CHINA and
received his 10% kickback in cash.
MARTINEZ’ family also began cashing
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received his 10% kickback in cash. MARTINEZ’ family also began cashing
checks because they too were patients who eventually became friends with
LUIS IVAN.
At some point RODRIGUEZ approached MARTINEZ and offered to share a
portion of the profits if MARTINEZ agreed to open PROGRESSIVE REHAB in
MARTINEZ’ name. MARTINEZ agreed, but could not open the clinic because he
was a convicted felon. RODRIGUEZ and MARTINEZ then tried putting the
clinic in NOELIA MARICHAL’s name, but in the end the clinic was opened in
RODRIGUEZ’ name. In addition to PROGRESSIVE, RODRIGUEZ owned four to five
other clinics.
RODRIGUEZ has a friend named FELIPE FRENEDA or FRANCEDA (FELIPE) who
loans him money to open clinics. FELIPE lives in West Palm Beach. He and
RODRIGUEZ found the office space for PROGRESSIVE. MARTINEZ heard the two
of them speak to each other in English.
RODRIGUEZ paid MARTINEZ $100 per day to run PROGRESSIVE. He paid
MARTINEZ in cash or authorized MARTINEZ to make ATM withdrawals to receive
his salary. MARTINEZ’ responsibilities included making runs to and from
the post office, handling banking activity and managing the girls who
worked in the office. MARTINEZ was at PROGRESSIVE about 90% of the time is
was open. LISANDRA ORTIZ was the receptionist and INGE BAUMERT was the
LMT. ORTIZ was responsible for new patient intake, prepping patient files,
and billing. BAUMERT was previously arrested. RODRIGUEZ worked at the
clinic one day per week, usually on Thursdays or Fridays. PROGRESSIVE
operated the same way as LUIS IVAN’s clinics. CASTRO and TONY LNU, a short
stocky male with light-colored eyes, recruited patients and organized
accidents for PROGRESSIVE. Because RODRIGUEZ did not want to pay the
recruiters himself, he gave the money to MARTINEZ to make the payments.
VIGOA sent patients from his clinic to PROGRESSIVE. As part of the scheme
participants from either car were never sent to the same clinic because it
would appear suspicious.
PROGRESSIVE banked with Regions, Wachovia and PNC banks. RODRIGUEZ put
HERNANDEZ on the Regions account and MARTINEZ on the other accounts.
RODRIGUEZ set up accounts with multiple banks because he did not want them
detecting the various cash withdrawals being made from the clinic
accounts. PROGRESSIVE checks were never cashed in amounts higher than
$10,000. It was MARTINEZ' understanding that it was illegal in the U.S. to
withdrawal cash in amounts higher than $10,000. Occasionally bank staff
asked MARTINEZ why he was withdrawing so much money from the clinic
account. RODRIGUEZ instructed MARTINEZ who to make checks out to, and
MARTINEZ generally signed checks on Fridays. FELIPE was one of the
individuals who RODRIGUEZ instructed MARTINEZ to make checks out to.
RODRIGUEZ withdrew a weekly salary of $1,600 to show he was earning a
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RODRIGUEZ withdrew a weekly salary of $1,600 to show he was earning a
legitimate income. When he could not attend the clinic himself he paid
other doctors to fill in for him. One doctor was a short American male
with acne marks on his face (UNSUB 1). MARTINEZ saw this individual in
court after his recent arrest. UNSUB 1 would attend PROGRESSIVE on
Thursdays between 4:00PM and 7:00PM. MARTINEZ observed UNSUB 1 pre-sign
evaluations without actually seeing the patients on two to three
occasions. After pre-signing the evaluation, UNSUB 1 would give the file
to the LMT and tell her to instruct the patients to sign the forms and
claim they saw the doctor if ever asked. MARTINEZ asked UNSUB 1 about this
practice. UNSUB 1 did not speak Spanish. Most patients did, so the LMT
translated. In addition to UNSUB 1, a female doctor (UNSUB 2) filled in
for RODRIGUEZ the last two to three weeks the clinic operated.
MARTINEZ was a patient at PROGRESSIVE after being involved in an
accident. The crash was real but MARTINEZ' aches and pains were not.
HERNANDEZ and MARICHAL were in the car with MARTINEZ. After the accident
MARTINEZ called RODRIGUEZ, who offered him $9,000 for him and his family to
attend PROGRESSIVE. RODRIGUEZ did not pay MARTINEZ directly; instead he
authorized MARTINEZ to withdrawal $9,000 from the PROGRESSIVE account.
MARTINEZ was shown portions of his PROGRESSIVE patient file and he verified
his signatures. He only signed one form per day instead of signing the
entire packet because he worked at the clinic every day. UNSUB 2 saw
MARTINEZ a couple of times after this accident. MARTINEZ did not recognize
the name ELISA KLINGER.
When setting up PROGRESSIVE, RODRIGUEZ told MARTINEZ to talk to ALEIDA,
who had an X-Ray machine in a clinic across the hall from LUIS IVAN's
clinic. ALEIDA explained to MARTINEZ that her clinic could X-Ray
PROGRESSIVE patients and split the claims proceeds with MARTINEZ. ALEIDA
explained that she first took 10% of the billing to cover costs. ALEIDA
paid MARTINEZ in cash on three to four occasions. ALEIDA called MARTINEZ
whenever the money was ready for pick-up. RODRIGUEZ instructed MARTINEZ to
use the money for clinic expenses. MARTINEZ never saw any doctor inside of
ALEIDA's clinic. He did once see ELIAS inside her clinic.
PROGRESSIVE was open for four to five months and then insurance
investigators began showing up so it closed. MARTINEZ does not know what
happened to the patient files.
ARIEL LNU owned a clinic on Military, close to 45th Street.
only saw ARIEL one time.
MARTINEZ
SARDINAS recommended a Miami-based attorney to MARTINEZ who could help
PROGRESSIVE fight insurance claims. MARTINEZ had no reason to believe this
attorney knew of the fraud.
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attorney knew of the fraud.
MARTINEZ was shown a photograph array and was asked to identify anyone
he recognized. He stated the following:
Photograph 18 (AURELIANO DIAZ): Looks like DAGOBRETO, but HERNANDEZ was
not 100% certain.
Photograph 35 (OLINDA RODRIGUEZ): "LA CHINA."
Photograph 40 (OSCAR LUIS FRANCO PADRON): He’s in prison. He used to
hang out with VLADIMIR and VIGOA.
Photograph 42 (DAGOBERTO MILIAN LOPEZ): HERNANDEZ believes this is
DAGOBERTO, not the individual pictured in Photograph 18.
Photograph 48 (LAZARO VIGOA): VIGOA.
Photograph 49 (RAFAEL RODRIGUEZ PLACENCIA): RAFAEL. He owned a truck
parking lot where one of MARTINEZ’ friends parked his truck. RAFAEL had a
clinic but MARTINEZ did not have any dealings with his clinic.
Photograph 53 (MARIA MOLINA): “CARI.”
owned a clinic on Congress Avenue.
She and her husband, OBELIO,
Photograph 72 (GERARDO SARDINAS): GERARDO SARDINAS.
JORDAN. MARTINEZ never saw JORDAN recruit patients.
Photograph 74 (ALEIDA CAPDEVILLA):
not sure.
He has a son named
Looks like ALEIDA, however he was
Photograph 88 (NELSON FELIX MARTINEZ TORRES):
“Me.”
Photograph 81 (HELENNE VAZQUEZ): She used to work with ALEIDA as the
receptionist. She never gave MARTINEZ money. Whenever ALEIDA paid
MARTINEZ, she did so in her office behind a closed door.
Photograph 92 (JOEL ANTONIO SIMON RAMIREZ): JOEL. MARTINEZ knows him
from the streets. He was LUIS IVAN’s top recruiter. JOEL is currently in
prison. MARTINEZ cannot recall ever receiving a check from him.
Photograph 102 (OSCAR MARTINEZ MONTIEL):
Photograph 105 (LUIS IVAN HERNANDEZ):
Photograph 110 (LAZARO RODRIGUEZ):
OSCAR, his nephew.
LUIS IVAN.
DR LAZARO RODRIGUEZ.
Photograph 116 (NOELIA MARICHAL): NOELIA.
Photograph 119 (YANET HERNANDEZ MARICHAL):
YANET.
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Photograph 119 (YANET HERNANDEZ MARICHAL):
, On
Photograph 118 (MARIA TESTA):
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YANET.
MARIA TESTA, LUIS IVAN’s wife.
Photograph 122 (WILFREDO SAUCEDA):
Photograph 130 (DAVID HERNANDEZ):
father-in-law.
Photograph 135 (JULIETA PENA):
06/20/2013
Looks familiar.
DAVID HERNANDEZ, MARTINEZ’
She looks familiar.
Photograph 138 (DAVIEL CASTRO MARTINEZ):
DAVIEL CASTRO.
Photograph 153 (YERDANY GONZALEZ): YERDANY. MARTINEZ knows him from
Cuba. He never saw YERDANY bring patients to the clinics.