Woodlawn Business Owner Convicted of Felony Theft

BALTIMORE, MD ( December 1, 2009) - Attorney General Douglas F. Gansler announced today that Herlen Bess, 59, owner of an elevator repair business in Woodlawn, was convicted in the Circuit Court for Baltimore County of felony theft. Judge Robert Cahill, Jr. sentenced Bess to probation before judgment and 80 hours of community service.

The investigation found that between August 2002 and July 2004, Bess underreported his company’s payroll to Applied Risk Services, a worker’s compensation insurer. Premiums for worker’s compensation insurance are set by the risk of injury to employees of a business and the business’ payroll amount. During that time period, Bess’ company, Omni Elevator, under-paid $58,318.09 in premiums. Bess paid full restitution to Applied Risk of Omaha, Nebraska at the sentencing hearing.

The conviction follows a joint investigation by the Insurance Fraud Division of the Maryland Insurance Administration, the Maryland State Police and the Office of the Attorney General.