Business Owner Convicted of Felony Theft
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.