North Carolina repeat offender pleads guilty to wire fraud

Verdicts & Settlements

A North Carolina man has admitted stealing mail from residential mailboxes and using stolen information to commit wire fraud, a federal prosecutor said.

Soheil Akhavan Rezaie, 37, entered his guilty plea Tuesday before a U.S. magistrate judge in Charlotte, U.S. Attorney Dena King said.

Statements and plea documents showed that, beginning last year and through March, Rezaie and others targeted Charlotte neighborhoods and surrounding areas and stole large quantities of mail, including credit cards, tax forms and personal and business bank checks, a news release said.

Rezaie admitted in court that he altered the amounts of the stolen checks or changed the names of the payees to his own and then deposited them into bank accounts he controlled. He then withdrew the funds before the victims and banks could find out the checks were stolen, prosecutors said.

Rezaie pleaded guilty to wire fraud, which carries a maximum sentence of 20 years and a $250,000 fine. No sentencing date has been set.

Prosecutors said when Rezaie engaged in the fraud, he was on supervised release for a 2017 mail theft conviction. A second revocation of Rezaie’s supervised release is pending for violating the terms of his supervised release for the 2017 conviction.

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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.

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