Manuel DeSousa, 65, of Avon, was indicted on December 27, 2016 by a Norfolk County Grand Jury on two counts of Workers’ Compensation Fraud and Larceny Over $250.
Mr. DeSousa operated a cleaning company and temporary employment agency in Stoughton
Mr. DeSousa is the president of Templink, Inc. of 378 Page Street, Stoughton. Templink is a temporary employment agency that was incorporated 2009. He is also the president and sole owner of Enserv, Inc., a Massachusetts corporation formed in February 2010 to provide residential and commercial cleaning services out. Enserv works out of the same location as Templink.
Indictments based on Mr. DeSousa misleading premium auditors and avoiding $40,000 in workers’ compensation premiums
The indictments allege that Mr. DeSousa, as the owner of the two Stoughton-based companies, Templink and Enserv, made misleading statements during audits of his workers’ compensation policies by failing to disclose the true size of his company payrolls,
The indictments further allege that by making misleading statements about his companies’ payrolls during these workers’ compensation premium audits Mr. DeSousa’s companies avoided paying approximately $40,000 in workers’ compensation insurance premiums.
In announcing the indictments against Mr. DeSousa, Attorney General Maura Healey stated, “We allege that to avoid paying workers’ compensation premiums, this defendant misled auditors and failed to disclose the true size of his companies,”
Indictments for Workers’ compensation fraud and grand larceny charge felonies
The workers’ compensation statute, M.G.L. c. 152, § 14(3) makes it a felony for anyone who:
knowingly makes any false or misleading statement, representation or submission …for the purpose of obtaining…coverage, or…who knowingly misclassifies employees or engages in deceptive employee leasing practices for the purpose of avoiding full payment of insurance premiums…
The violation of §14 carries a state prison sentence of up to five years or a jail sentence of “not less than six months nor more than two and one-half years” and a fine of up to ten thousand dollars. Additionally, the same statute provides that
A person found guilty of violating this section [§14(3)] shall, in all cases, upon conviction, in addition to any other punishment, be ordered to make restitution for any financial loss sustained to an aggrieved person as a result of the commission of the crime….
The grand larceny indictment also charges a felony that carries a possible state prison sentence for not more than five years, and a fine of not more than twenty-five thousand dollars
Insurance Fraud Bureau referred Mr. DeSousa’s case to the Attorney General
The Insurance Fraud Bureau investigated the insurance fraud allegations involving Mr. DeSousa’s companies and referred them to the Attorney General’s Office for prosecution.
This joint effort illustrates the commitment of both the Insurance Fraud Bureau and Attorney General Healey’s office in fighting this type of insurance fraud,” said Anthony M. DiPaolo, Chief of Investigations at the Insurance Fraud Bureau. “Workers’ compensation premium evasion places a financial drain on that system.”
Attorney General’s Office and Insurance Fraud Bureau worked jointly
This case was handled by Assistant Attorney General Gabriel Thornton and Senior Investigator Philip Mantyla of AG Healey’s Insurance and Unemployment Fraud Unit with assistance from investigators from the Insurance Fraud Bureau.
Attorney General Healey’s Insurance and Unemployment Fraud Unit has among its charges the responsibility of protecting the integrity of the commonwealth’s insurance system by investigating and prosecuting crimes involving fraud against any insurer or insurance system, including the commonwealth’s unemployment insurance and workers’ compensation systems.
About the Insurance Fraud Bureau
The Insurance Fraud Bureau of Massachusetts is an investigative agency authorized by an Act of the Massachusetts Legislature signed into law in 1990. The Insurance Fraud Bureau conducts criminal investigations and refers appropriate cases for criminal prosecution.
The Insurance Fraud Bureau is funded by automobile and workers’ compensation insurers in Massachusetts. In addition to the investigative division, the Insurance Fraud Bureau has legal, analytic and administrative divisions. Insurance Fraud Bureau personnel receive referrals and follow up with insurance companies’ special investigation units and claims staffs; local, state and federal law enforcement and prosecution agencies in order to accomplish its mission to prevent, detect and deter suspected fraudulent insurance transactions in Massachusetts.