On March 26, 2019, Attorney General Maura Healey announced that David Pietro, 63, of Sandwich, the president the DGP-Miles Insurance Agency located in Taunton, had been indicted by a Statewide Grand Jury on March 25.
The statewide grand jury law allows the Attorney General to use a simplified indictment procedure the Attorney General need only present evidence to a designated county grand jury to have indictments returned for any county.
Five larceny counts involving the conversion of $270 thousand in clients’ premiums
The indictment charged Mr. Pietro with five counts of larceny over $250 (grand larceny) arising out of Mr. Pietro’s alleged theft of $270,423.65 in premiums paid by clients of the DGP-Miles Agency.
As a result of Mr. Pietro and his agency converting their clients’ premiums and not paying the insurers involved some of the agency’s insureds had their commercial insurance policies canceled and were left uninsured, according to the Attorney General.
No date has been set for Mr. Pietro’s arraignment on this indictment in the Bristol County Superior Court.[pullquote]Attorney General ask for information from the public on any other victims[/pullquote]
The larceny statute allows up to five years in state prison and a $25,000 fine.
The larceny statute, under which Mr. DiPietro is charged, M.G.L. c. 266, § 30, provides, in part, that
Whoever…with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another… shall be guilty of larceny, and if the value of the property stolen exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than twenty-five thousand dollars and imprisonment in jail for not more than two years…”
Each count of the five counts in the indictment sets out a separate crime punishable as per the statute. While consecutive sentences are legally permissible for each count if a defendant is found guilty, in the ordinary course of proceedings the overwhelming majority of such charges have concurrent sentences
Attorney General ask for information from the public on any other victims
The Attorney General’s announcement, besides identifying the defendant and the premium conversion also asked for any having any information on other victims of Mr. Pietro’s fraud to contact the Attorney General. Her public statement was:
If any member of the public believes they may have been victimized by this conduct, or has any information relating to others who may have been victimized, they are encouraged to contact the Attorney General’s Office Insurance Fraud Tip Line at 617-573-5330.”
Attorney General’s Office and Insurance Fraud Bureau working jointly on the prosecution
This case is being prosecuted by Assistant Attorney General Sara Yoffe of the Attorney General’s Insurance and Unemployment Fraud Unit with assistance from Senior Financial Investigator Philip Mantyla of AG Healey’s Insurance and Unemployment Fraud Unit, and Victim Witness Advocate Megan Murphy, and by investigators at the Massachusetts 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.
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 claim staffs; local, state and federal law enforcement and prosecution agencies to accomplish its mission to prevent, detect and deter suspected fraudulent insurance transactions in Massachusetts.