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Kermitt J. Brooks    Acting Superintendent of Insurance    25 Beaver Street  New York, N.Y. 10004

ISSUED 7/24/2009FOR IMMEDIATE RELEASE

ULSTER COUNTY MAN SENTENCED FOR WORKERS' COMP FRAUD

An Ulster County man who admitted that he illegally accepted workers' compensation benefits was ordered Thursday to make $77,800 in restitution and serve a 30-day jail sentence.

Judge Frank Milano sentenced Joseph A. Gambino, 58, of Simmons St., Saugerties, after accepting his guilty plea to charges of insurance fraud and workers' compensation fraud. He was also sentenced to serve five years' probation.

Gambino was arrested Dec. 3 following an investigation by Joseph Kochetta of the New York State Insurance Department's Frauds Bureau, the New York State Insurance Fund and the Workers' Compensation Board Inspector General's Office.

Investigators videotaped Gambino engaged in such activities as moving furniture and riding a motorcycle without the cane he appeared to lean on heavily during medical exams. He had collected workers' compensation benefits from the Insurance Fund for more than three years after claiming he had suffered a job-related back injury in 2003.

The case was prosecuted by William Andrews of the Insurance Department, who served as a special prosecutor for the office of Ulster County District Attorney Holley Carnright.

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