Episode 7 Claimed and Shamed


Episode 7

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Transcript


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Insurance fraud has reached epidemic levels in the UK.

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It's costing us more than £1.3 billion every year.

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That's almost 3.6 million every day.

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Deliberate crashes, bogus personal injuries, even phantom pets.

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The fraudsters are risking more and more to make a quick killing

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and every year, it's adding around £50 to your insurance bill.

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But insurers are fighting back,

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exposing just under 15 fake claims every hour.

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Armed with covert surveillance systems...

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Subject out of the vehicle.

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..sophisticated data analysis techniques...

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..and a number of highly-skilled police units.

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Police! Stay where you are!

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..they are catching the criminals red-handed.

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Just don't lie to us.

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All those conmen, scammers and cheats on the fiddle

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are now caught in the act - and Claimed And Shamed.

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A serving prisoner's phoney claim is easy to unlock.

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It's not often that you're faced with evidence that's this clear

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that someone has entirely fabricated a claim.

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A man's expensive tastes leads to his undoing.

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He must've had a lot of room service. That's all I'll say.

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And an insurance company cries foul, when a footballer attempts to score

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with a claim.

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He also played against a rival during that four-week period,

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in which he scored a goal.

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When insurance fraud is committed against large, private companies,

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it's important there are systems in place to detect it and stamp it out.

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Otherwise, it's ultimately the customers that pay the price.

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However, when a fraudulent attack is made on a state-run system,

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it's arguably even more important that it's discovered

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and stopped before any money is paid out

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to avoid a situation where taxpayers -

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that's you and I - are funding fraud.

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Foston Hall in Derbyshire is a women's-only prison.

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Joanne Riley, a litigation specialist at the prison,

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recalls a case where one of the prisoners

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put in a personal injury claim.

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The initial claim was for an accident

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that she alleged happened in her cell on D Wing.

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She alleged that she was moving a cupboard with a cellmate

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and, whilst moving the cupboard,

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the uneven floor made the cupboard fall and it injured her face.

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Her alleged injuries were quite minor. It was nothing

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that required any hospitalisation or any time to see a doctor.

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Even so, prisons have a responsibility

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for the wellbeing of their prisoners

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and, with an uneven floor being cited as the cause of the accident,

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Foston Hall could well have been liable.

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As with all such claims,

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they began to investigate thoroughly before paying out.

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There didn't seem to be any reason why there would be any problem.

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It was only, in further investigation,

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when I looked to see if there was any reports

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that the floor was uneven that I discovered there was nothing

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logged anywhere with the maintenance

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department to say there had been any problems at any time with

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the flooring on the D Wing room that she was located in.

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By now, the prisoner's solicitors had officially started legal proceedings

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against Foston Hall.

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However, suspicious that the claim wasn't entirely genuine,

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Joanne encouraged her supervisor, Carl Davis, to investigate further.

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Carl's first port of call was to examine a book called a wing diary.

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It is used by staff to record

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everything that happens at the prison.

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And it immediately revealed an inconsistency.

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The claimant had reported to staff she'd received injuries

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on the 24th of October.

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The staff had reported that to our healthcare department,

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and they had made notes in the wing diary, to that effect.

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When we received notification from the claimant's solicitors,

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the claimant's solicitors were alleging that the incident

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actually took place on the 31st of October.

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That gave us some concern.

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It wasn't looking good for the prisoner's claim.

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However, nothing could have prepared Carl and his team

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for what they found next.

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At Foston Hall, all phone calls made by the prisoners are recorded.

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So, staff at the prison looked through the transcript

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from the phone calls this prisoner had made. And one stood out.

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It was to her father,

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and they immediately passed on their findings to Carl.

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The claimant was clearly heard to state that she had not received

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the injuries as a result of an accident moving furniture,

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but she had received the injuries as a result of a fight

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with another prisoner.

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During that telephone call,

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the claimant conspired with her father

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to ask the father to contact his solicitors, on her behalf,

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so she could commence making a claim

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against the prison service for injuries

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which clearly had not happened in the way she was describing.

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They had the proof they needed

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that this inmate had made up

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the whole story of how she'd got her injuries.

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They gathered together all the evidence they found

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and handed it over to the GLD, the government's legal department.

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Henry Ripley, a deputy director at GLD,

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knew he had a strong case on his hands.

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So, the telephone recording revealed

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that she'd been in a fight with a prisoner,

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that she had sustained injuries

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and, ultimately, that she was looking to pin those injuries

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on the prison

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by bringing a claim that really had no basis whatsoever,

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simply in the hope of securing some compensation.

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It's not often that you are faced with evidence that is this clear,

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that someone has entirely fabricated a claim,

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so our reaction was one of surprise.

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Ultimately, we took the decision very quickly this had to be evidence

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which would firmly back up our position

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and enable us to defend the claim.

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And therefore, the step we took next was to alert

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the claimant's solicitors to this crucial piece of evidence,

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with a view to this claim proceeding no further.

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What happened next came as no surprise.

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As a result of the evidence we put to the claimant's solicitors,

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she took the right decision.

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She didn't proceed with her claim and, as a result,

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the public purse was saved from paying compensation

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on a wrongful basis.

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The last thing taxpayers want to see -

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public money spent on compensating

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prisoners for claims that aren't justified.

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And so this provides a really positive message

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to the wider public that such claims are being taken seriously,

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investigated properly and action taken, where dubious claims

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are being brought.

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An evil woman puts a 1 million price tag on her husband's life.

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Travelling to far-flung corners of the world is now more possible

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than ever, whether you're heading for the plains of the Serengeti

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or the lava fields of Iceland.

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But, of course, your dream holiday you'd been looking forward to

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can quickly become one you would much rather forget,

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if you have an accident or are the victim of a crime.

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You can never be prepared for every eventuality,

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but companies like CEGA provide travel insurance,

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to help out if something awful does happen whilst you're overseas.

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Simon Cook, head of special investigations,

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remembers a particularly horrific ordeal

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involving a man who was visiting Tanzania.

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The customer contacted our medical emergency helpline,

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to tell us he had been involved in an armed robbery, unfortunately.

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He had also told us that he had his personal possessions stolen

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in the robbery.

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It must be one of the most frightening things imaginable,

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to be held up at gunpoint. And, what's more,

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the armed robber had physically assaulted the man.

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It sounded like a very violent attack,

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because the customer was an in-patient in hospital

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for two weeks, so he must have been badly injured.

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The man was claiming £1,000 for his stolen possessions

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and £6,000 for his hospital bills.

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Simon and his team are experts in international medical provision and,

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to them, this seemed expensive for a Tanzanian hospital.

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They waited for the paperwork to arrive.

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The customer only provided three documents for a two-week stay

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in hospital. This just seems a little unusual.

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You would expect to see a lot more documents than that.

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They decided to investigate further and, as standard procedure,

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they contacted the man, to ask him to sign a form,

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giving them permission to examine his claim in more detail.

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The customer duly signed the form, but we were concerned to note that,

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when he sent the form back to us, he stated in writing that he had now

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appointed a solicitor to deal with this matter.

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It is very unusual for a customer making a genuine claim

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to make threats of legal action.

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At this point, we were even more concerned with the claim

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that was presented to us.

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When Simon and his team have doubts over a customer's claim,

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they will conduct a full investigation.

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And distance is no barrier.

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Due to our concerns with the claim, we decided to appoint

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our on-the-ground investigator in Tanzania,

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just to ensure that the claim presented was, in fact,

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valid and covered by the terms and conditions of the policy.

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Yeah, they've got on-the-ground agents everywhere.

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And this one wasted no time.

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He headed straight to the hospital,

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where the customer had been laid up for two weeks.

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The first thing that he noted was that the hospital doesn't deal

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in US dollars, which was the currency that the customer

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had claimed he'd paid the hospital in.

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Further investigations with the hospital staff revealed that

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the customer's name was not listed anywhere in their official records

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and that he hadn't actually been treated there.

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So, he'd never even been inside the hospital.

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The agent was going great guns.

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Next, he headed to a hotel where the customer had stayed

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and later submitted the bill to CEGA, as part of his claim.

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We established that the hotel charge a maximum of 35 per night,

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which was obviously concerning for us because the customer

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had paid 135 per night.

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He must have had a lot of room service -

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that's all I would say on that.

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However, it did seem that, at least, this time,

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the customer had connections with the hotel.

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When we questioned the hotel manager,

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we actually established that he was good friends with our customer,

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but he then proceeded to tell us that the customer had provided us

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with a fraudulent invoice and he didn't actually stay at the hotel.

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Who needs friends(?)

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I bet that particular friend is off the Christmas card list.

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The Tanzania agent had one final place to go.

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We then proceeded to visit the police station.

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We spoke to one of the officers there who immediately told us that

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the crime reference number provided on the report wasn't in the same

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format as their genuine crime numbers.

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Further to this, the police officer that we spoke with said the person

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allegedly who signed the police report didn't, in fact, work at

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the police station and they don't even have a lieutenant as a rank

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within that station.

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As far as CEGA was concerned, it was case closed.

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Armed with the evidence that we had obtained through

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our overseas investigation, we contacted the customer by telephone,

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to give him the opportunity to be open and honest with us

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about the actual claim.

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'Unsurprisingly, the customer said he had nothing further to add

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'to the situation and he was making a genuine claim.'

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However, the on-the-ground work done by their agent had provided

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irrefutable proof to the contrary.

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It was entirely evident from our investigation that the claim

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was completely fraudulent.

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We weren't satisfied that any aspect of it was genuine.

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As far as we are concerned, the armed robbery simply didn't occur.

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Simon and his team stuck to their guns and refused to pay out a penny.

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They never heard from their customer again.

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Now, on this show, we look at lots of examples

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of people committing insurance fraud.

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With individual claims, more often than not,

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there is some truth behind the incident.

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Say, a bag was stolen, but the contents are a little exaggerated.

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Or an accident at work did happen, but the employee

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wasn't as badly hurt as he maintained.

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It's all fraud and it is all illegal,

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but at least there was some grains of truth to the story.

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Well, the next case we're going to look at involved lies so blatant,

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and told without a care for the consequences,

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that one of the highest legal offices in the land

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felt it necessary to intervene.

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Richard Hiscocks works at Aviva, as their Director of Casualty Claims.

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Back in October 2013,

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a member of the team received a call to say that one of their

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policyholders had caused a minor accident.

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So, we first became aware of this case when our insured

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had reversed into the claimant in a fast-food restaurant

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drive-through. They'd overshot the place where you speak your order

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into the microphone, reversed up gently and nudged the car behind,

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which was driven by Gary Burnett, the claimant,

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who then claimed that he had shoulder and neck injuries,

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which prevented him from fulfilling his normal life.

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Gary Burnett was claiming £2,000 for his whiplash injuries,

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but, from the word go, his story of the accident at the drive-through

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left a bad taste in the mouth.

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We were immediately suspicious because this is what we call

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a low-speed impact. Our customer had told us that the speed at which

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he was reversing was very slight. The vehicle damage supported that

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and, actually, it is most unusual to get injury when the speed

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of the impact is so slight.

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They had photos from their insured driver that showed how little damage

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there was to either vehicle.

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We decided that, in the light of this evidence,

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the claim was spurious and we have a duty, in that case,

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to defend our customers. And, so, we decided we weren't going to pay

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this claim. He then proceeded to litigate against us,

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which meant the claim went to trial, for him to prove that he was injured

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and that we should have been paying him compensation.

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Aviva enlisted their solicitors, Horwich Farrelly,

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to fight the litigation against them.

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David Scott represented them.

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So, when Horwich Farrelly got the case,

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we looked at the evidence presented by the insured driver,

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which were some very good photographs taken at the scene,

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which show virtually no damage to either of the cars.

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We also spoke in detail to the insured driver,

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who told us that this was a very, very minor accident.

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He reversed back a small distance into very, very minor contact with

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the front of the claimant's car. So, based on that, we decided

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to investigate this further,

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as we believed it to be a potentially dishonest claim.

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Gary Burnett made his living as a window cleaner

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and also played football semi-professionally.

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He maintained that his injuries were affecting his ability

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to earn a living.

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The claimant had told his medical expert

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that the whiplash injuries were pretty severe.

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So they caused him to have time off work as a window cleaner

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and they also stopped him from playing football.

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He went on to say, in an official legal statement,

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that he hadn't been able to train or play for a whole month.

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But, unfortunately, for Burnett, a social media search revealed

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that this was a total lie.

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The Twitter account of the claimant was one that was publicly available

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and showed the claimant had played football during this

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four-week period that he said he couldn't play at all.

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# Here we go, here we go, here we go

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# Here we go, here we go Here we go-o... #

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It showed he played against Kendal Town the day after the accident.

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# Here we go, here we go! #

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He'd also played against a rival during that four-week period,

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in which he had scored a goal.

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# Here we go, here we go, here we go

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# Here we go, here we go, here we go

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# Here we go, here we go! #

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He was very proud of his achievements.

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Those tweets were to be a game changer.

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FULL-TIME WHISTLE

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They proved undisputedly what Aviva and Horwich Farrelly

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had suspected all along. Gary Burnett had, in no way,

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been injured as a result of the collision at the drive-through.

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Once we'd completed our investigations,

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we served all of this evidence on the claimant's solicitors.

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On receiving that, the claimant abandoned his claim.

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He discontinued his claim completely and wanted to walk away.

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We reviewed the case with Aviva and we were happy we had enough evidence

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that - in fact, significant evidence - to show this was

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a dishonest claim, so we decided to take it on and take this case

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to a County Court, to present the case to a district judge,

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to find that this claim was fundamentally dishonest.

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Gary Burnett wasn't going to be able to simply walk away from this.

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On the day of the court hearing, perhaps knowing he was beaten,

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Burnett decided not to attend.

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The fact that the claimant didn't turn up to the initial civil hearing

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probably did hinder his defence to it,

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but the judge was satisfied that, based on the evidence presented,

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that there was more than enough to find that the claim

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was fundamentally dishonest. The outcome of the civil case

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was that the claim was abandoned completely by Mr Burnett

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and he was ordered to repay Aviva's legal costs of £11,000.

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Burnett didn't receive a penny of the £2,000 he had claimed

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from Aviva in compensation.

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And he now faces an £11,000 bill.

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It was 1-0 to Aviva,

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but this match wasn't over.

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The civil judge, in a bold move, decided to refer this case up to

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the Attorney General's Office.

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The Attorney General is the main legal adviser to the government.

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They, along with the Solicitor General,

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work to ensure the justice system is properly served

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and the public interest looked after.

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Within the last 12 months, we have taken in the region

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of 400 cases to trial and this is the first one of those 400 cases

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that was referred to the Attorney General.

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This was a fact that it was such a brazen lie by the claimant to say,

0:19:060:19:10

not only to the medical expert, but also to Aviva,

0:19:100:19:12

also to the court, as well, that he was unable to play football.

0:19:120:19:15

It was a very, very serious lie. The court thought it was serious

0:19:150:19:18

enough to refer that on to the Attorney General,

0:19:180:19:21

-to consider prosecution.

-The Attorney General's Office

0:19:210:19:24

decided that Gary Burnett was guilty of contempt of court -

0:19:240:19:27

a criminal offence.

0:19:270:19:29

Contempt of court is where someone disrespects court proceedings

0:19:290:19:33

and makes a trial unfair by their actions.

0:19:330:19:35

Gary Burnett had told one too many lies.

0:19:350:19:38

Our Solicitor General, Robert Buckland QC, explains.

0:19:380:19:42

Well, it was very serious. The court that dealt with

0:19:420:19:46

the contempt case made him subject to a four-month sentence

0:19:460:19:50

of imprisonment, suspended for a year.

0:19:500:19:52

Because the court viewed it as essential to send a clear message

0:19:520:19:57

to the public at large that this sort of deliberate, systematic

0:19:570:20:04

dishonesty, that was fundamental to the case that he brought

0:20:040:20:08

in the County Court, will not be tolerated,

0:20:080:20:10

because it undermines the integrity of the civil justice system.

0:20:100:20:14

Burnett's blatant attempt to defraud Aviva had left him with a hefty bill

0:20:140:20:19

to pay and now a permanent criminal record.

0:20:190:20:23

This footballer's case had been used to illustrate how committed

0:20:230:20:26

the justice system is to tackling insurance fraud.

0:20:260:20:30

The system of insurance and the costs of insurance premiums

0:20:300:20:35

and the rising cost of premiums, if people make false claims,

0:20:350:20:38

is clearly a matter of public interest.

0:20:380:20:41

And, as a guardian of the public interest,

0:20:410:20:43

I think it is incumbent upon this office to get involved,

0:20:430:20:46

where we see such serious cases.

0:20:460:20:48

For Aviva's solicitors, Horwich Farrelly, this was a landmark case,

0:20:500:20:55

which they believe will act as a strong deterrent.

0:20:550:20:57

'We are very satisfied with the outcome of the case.

0:20:590:21:01

'Mr Burnett presented what was clearly a dishonest claim

0:21:010:21:04

'from the outset. This is the first of its kind,'

0:21:040:21:06

where the Attorney General has not only taken on the case,

0:21:060:21:09

but successfully prosecuted the claimant for contempt of court

0:21:090:21:12

and for insurance fraud.

0:21:120:21:13

It shows that the insurance industry now has the backing

0:21:130:21:17

of the government and has the backing of people like

0:21:170:21:19

the Attorney General in prosecuting dishonest claimants,

0:21:190:21:22

regardless of the value of the claim.

0:21:220:21:26

It is extraordinary the lengths serious fraudsters will go

0:21:310:21:36

for financial gain. Most draw the line at causing actual physical harm

0:21:360:21:40

to others, in order to make a buck. The key word there is "most"

0:21:400:21:44

because there are some who will, literally, stop at nothing

0:21:440:21:47

to line their own pockets.

0:21:470:21:49

North Port is an affluent residential district in Florida.

0:21:520:21:55

It was home to Janine Jones and her husband, Matthew Riley Smith.

0:21:550:22:00

Janine, who was once a corrections officer at the local county jail,

0:22:000:22:04

was now up to no good herself.

0:22:040:22:06

She and Matthew had a profitable, but totally illegal, scam going on.

0:22:080:22:13

They were renting out abandoned and foreclosed homes

0:22:130:22:16

to unsuspecting tenants across North Port.

0:22:160:22:19

The scheme was making them rich. Rich beyond their wildest dreams.

0:22:190:22:23

But there was a problem. Someone had got wind of what they were doing -

0:22:250:22:28

a handyman who worked for them, called John Chamberlain.

0:22:280:22:32

And he was threatening to expose them.

0:22:320:22:34

Janine needed a way to make sure John kept quiet

0:22:360:22:39

and decided that the only way to shut him up for good

0:22:390:22:42

was to hire a hit man.

0:22:420:22:44

But Janine didn't stop there.

0:22:440:22:47

She also decided she'd had enough of sharing her ill-gotten gains

0:22:470:22:50

with husband Matthew and she decided she would

0:22:500:22:53

have him executed, as well.

0:22:530:22:55

Janine took out a life insurance policy worth 1 million

0:22:570:23:00

on Matthew and prepared to meet with the hit man.

0:23:000:23:04

The meeting was facilitated by a middle woman,

0:23:060:23:09

who'd organised it to take place in a car.

0:23:090:23:12

Incredibly, what you're seeing is the actual footage

0:23:140:23:18

-from that first meeting.

-Hello.

-How you doing?

-How are you?

0:23:180:23:22

To start off, Janine shows the hit man a photo of her first

0:23:230:23:27

intended victim, John.

0:23:270:23:29

She appears to have no remorse about the fact she's about to have

0:23:510:23:55

someone's father killed.

0:23:550:23:56

The conversation turns to her husband, Matthew.

0:23:580:24:01

The talk soon gets serious.

0:24:190:24:21

And, extraordinarily, she tells the hit man how she would like

0:24:210:24:24

the first murder to happen.

0:24:240:24:26

Just a warning, this does make for disturbing viewing.

0:24:260:24:29

The hit man next asks her how she wants her husband's murder

0:25:060:25:09

to happen.

0:25:090:25:11

There seemed no end to Janine's maliciousness.

0:25:370:25:40

She had now suggested ways of killing two men -

0:25:400:25:44

one her own husband - without showing the slightest emotion.

0:25:440:25:48

In John's case, her motive was to stop him talking to the police

0:25:480:25:51

about her illegal property scam.

0:25:510:25:53

And, in her husband's case,

0:25:530:25:55

it was to get a 1 million pay-out from his life insurance.

0:25:550:26:00

This was an evil, greedy woman.

0:26:000:26:02

However, unbeknownst to Janine,

0:26:040:26:07

the middle woman who had organised the meeting

0:26:070:26:09

had, in reality, sold her out to the police.

0:26:090:26:12

So, Janine had just revealed her wicked plan not to a hit man,

0:26:130:26:17

but to an undercover cop.

0:26:170:26:18

The middle woman, who was helping the police, arranged to meet her

0:26:210:26:24

just once more, under the guise of wanting to finalise

0:26:240:26:27

all the details of the first murder.

0:26:270:26:30

This time, they met in a local diner.

0:26:310:26:34

As Janine calmly ate her meal,

0:26:340:26:36

no-one could have imagined what was being discussed.

0:26:360:26:39

Fortunately, for her employee John and her husband Matthew,

0:26:490:26:52

this was as far as Janine's hideous plan got.

0:26:520:26:56

Waiting outside the diner were several police officers,

0:26:560:26:59

who immediately arrested her.

0:26:590:27:02

In June 2014,

0:27:040:27:06

Janine Jones was sentenced to life in prison,

0:27:060:27:08

for trying to get two men killed.

0:27:080:27:11

But there was a menacing twist.

0:27:130:27:15

A few years earlier, Janine's first husband Max

0:27:150:27:19

had died under mysterious circumstances.

0:27:190:27:21

And it had to be more than a coincidence that, when he died,

0:27:210:27:25

Janine received a life insurance pay-out for, you guessed it,

0:27:250:27:29

1 million.

0:27:290:27:32

Max's family and the police believe that Janine had a hand in his death.

0:27:320:27:36

But it's hard to prove, as Janine had Max's body

0:27:360:27:39

quickly cremated after he died.

0:27:390:27:42

Whether it's exaggerating real injuries,

0:27:480:27:50

totally making up a story for a dodgy claim,

0:27:500:27:53

or masterminding insurance fraud on an industrial scale,

0:27:530:27:56

insurers are coming down hard on the people who think they can make

0:27:560:28:00

a quick buck with their scams and cons.

0:28:000:28:03

But the fraudsters need to think again, as more of them than

0:28:030:28:06

ever before are being caught in the act,

0:28:060:28:09

and claimed and shamed.

0:28:090:28:10

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