For Immediate Release
Media Contact: Bob Cooper
(208) 334-4112

Date: January 2, 2008

Kuna Man Sentenced for Workers Compensation Insurance Fraud

(Boise) – Herman A. Gallegos, 39, of Kuna, received a two to ten year prison sentence Friday for insurance fraud. Fourth District Judge Michael Wetherell suspended the prison sentence, placed Gallegos on probation until 2012, and ordered Gallegos to serve 30 days in the county jail as a condition of his probation. Gallegos was also ordered to pay $2,248.94 in restitution and investigative costs and perform 100 hours of community service.

On November 15, 2007, Gallegos pleaded guilty to two felony counts of insurance fraud. The charges stemmed from a claim Gallegos filed with the State Insurance Fund. Gallegos, who had previously injured his knee, said in the claim that he was walking to the bathroom at his residence when his knee gave out, causing him to fall and break his ankle. The investigation revealed that he fractured the ankle when he tripped over a parking curb while trying to throw a punch during a fight outside a bar in Kuna on August 26th.

After interviewing witnesses to the altercation at the bar, the State Insurance Fund denied the claim. Gallegos then filed a case with the Idaho State Industrial Commission seeking to compel the State Insurance Fund to pay worker’s compensation benefits on the injured right ankle. During the Industrial Commission case, Gallegos was deposed about the events of August 26th, and Gallegos denied being in the Kuna bar, denied being in a fight that night and gave a similar account to that on the insurance claim regarding the injury to his ankle.

The Attorney General’s Special Prosecutions Unit prosecuted the case following an investigation and referral by the Idaho Department of Insurance.

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