After being charged with felony accounts of falsifying business records and insurance fraud, Benjamin Meyers of the Meyers Funeral Home in Delmar says he is innocent and was arrested on trumped up charges.
His attorney, Jim Morgan, said he is filing dismissal papers and that he and his client may be looking into a defamation suit once the court case is settled.
Meyers, 67, was arrested on Tuesday, June 3, by the state Insurance Department, on fraud charges with the aid of investigators from the Bethlehem Police Department.
As the longtime owner of Meyers Funeral Home on Delaware Avenue, he was arrested for allegedly submitting fake claims to his insurance carrier. He is accused of trying to get paid for expenses from having to close down his business because of a leaky roof.
Investigator Philip D’Angelo of the state Insurance Department worked with Detective Adam Hornick of the Bethlehem police on the case.
According to the state’s insurance department, Meyers allegedly submitted a false claim worth $6,130. Meyers is alleged to have sent in fake payment documents when making the claim with Harleysville Insurance.
Morgan said that Meyers had a disagreement over the quality of work done by the contractors hired by the Harleysville Insurance Company, and that the insurance provider contacted the state insurance department with allegations of a fraudulent claim.
He’s been charged, tried and convicted by the insurance department, Morgan said of Meyers’ charges. `The document they claim as fraudulent is shaky at best.`
After a leaky roof caused water damage at the funeral home, Meyers made a loss of business claim with Harleysville Insurance because, he said, he had to close his business for a week while the repairs were being made.
Morgan contends that while the funeral home was closed, Meyers had to refer customers to his competitors and even turn some customers away, resulting in the loss of business claim.
Meyers never received his loss of business claim, according to Morgan, even though he paid his deductible. Meyers has since dropped Harleysville Insurance as his provider and now uses a different insurance company, Morgan said.
The alleged fraudulent document is a hand-written piece of paper with initials written on the bottom of it, which as Morgan puts it, was `stuck under his [Meyers’] nose and he signed it.`
Morgan said there was a list of legal problems with the prosecution’s case, including the fact there has been no discovery and Meyers has not been given a written affidavit.
`He has been grossly overcharged, and there are multiple legal issues involved in this case,` Morgan said. `I really don’t think it’s a solid case.`
Ron Klug from the state’s Insurance Department said they investigated 22,000 reports of insurance fraud in 2007, which resulted in 708 arrests. He said his department had investigated the fraud claims, but that it is now `a matter of the courts.`
`The insurance claim was falsified,` Klug said. `He submitted receipts that were false or altered.`
Morgan maintains that is not true and that Meyers never intentionally attempted to file a fraudulent or altered claim.“