Bag Man Says FBI Told Him to Ask for $2M Hush Money
Recent Cases
A bag man testified on Friday that he was following FBI instructions when he asked the government of Venezuela for $2 million in hush money, after he was caught carrying $800,000 in a briefcase intended, according to prosecutors, for Cristina Fernandez de Kirchner in her campaign to become president of Argentina.
Guido Antonini, who was caught with the money, is now cooperating with federal prosecutors. He testified in Federal Court in Miami against Franklin Duran, who is accused of being an unregistered foreign agent in America.
Antonini was detained in August 2007 at a Buenos Aires airport. Antonini confirmed in his testimony on Thursday and Friady that he asked the government of Venezuela for $2 million in hush money, claiming he wanted it for legal expenses and other debt he would incur as a result of being caught with the $800,000.
In the trial before U.S. District Court Judge Joan Lenard, Antonini also testified that he told Duran he would not accept the money directly from Duran, that the money had to come from the Venezuelan government.
Antonini wore a wire during his conversations with Duran, according to the testimony. In one of the taped conversations used in court, Antonini is refusing $2 million in hush money directly from Duran. He says he wants to receive the money directly from the Venezuelan government.
But Duran answers that the Venezuelans won't go for that because they don't trust him, thehy think he is working with the FBI. The two men never spoke again after that conversation.
Duran's defense lawyer, Edward Shohat from Bierman Shohat Loewy & Klein, suggested that when Antonini pressured Venezuela to accept the hush money offer on his terms, he committed extortion.
Antonini replied by saying that he was acting as instructed by the FBI.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.