RICO Act Violation

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'Ted' Theodore Lewis Whidden

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     Exposing Fraud and Deception to protect the public good.

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Additional information, correspondence, etc on this case is being made accessible on the website, www.FraudDocumentation.com .

Frank R. Delgado-Yera was the driver of an 18 wheeler on the night of August 28, 2010 (Saturday night), when at an estimated 5 minutes after midnight (See FHP report) or 0005 hours August 29, 2010 the truck slammed in to the rear-end of a vehicle with a car/trailer in tow.

Delgado gave insurance evidence to Jessie Stalnaker, the FHP Officer at the scene, that was stated to demonstrate an Aequicap Property and Casualty policy.  The Aequicap policy was later found not to apply in any way, shape or form to the truck/driver at the incident.  Presentation of the false document (FRAUD) served to misdirect law enforcement, conceal the fact that insurance had not been placed on the truck/rig, and misrepresented the possibility that the truck was insured.  This allowed the truck to proceed on down the road following the wreck, and prevented a DOT investigation and possibly seizure of assets.  Presentation of the fake document may have constituted fraud.  The fraud committed by Frank R Delgado-Yera at the wreck was not done soley by Delgado.  The act it will be seen was potentially part of a plot by the dispatcher Marlen Ruiz, owner Osmar Oliva, and/or others to provide false paperwork/documents for the over the road truck movement.  It is not likely the trucker produced the documents on his own without the assistance of others.

The wreck occurred at mile marker 274 on Interstate 10, near Live Oak, Florida.  The truck was heading west (for Las Vegas) with a cargo of cigars.   At the scene Delgado stated that he "looked up and saw the lights of the truck/trailer, but it was too late."  Delgado also stated that he had only 40 hours to get to Las Vegas and he was running late.  At the scene Delgado and his Oliva Delivery Service truck was about 2000 miles from Las Vegas.  After speaking to his dispatcher, Delgado changed his story and recollection of the events of the wreck.  Discussions alongside the road with Delgado made it appear as if he was trying to cover up his story of the events leading to the wreck.  Delgado paid a tow truck $20 to pull his bumper out from under the vehicle and he moved on after the wreck.  Delgado was 1-2 miles from an Agricultural check point/weigh station when the wreck occurred.

A request for documents concerning the wreck and events leading to the wreck was sent to the trucking company and to their underwriters.  They failed to respond to a legally proper demand for documents.

Related correspondence might be:

April 19, 2011, in John R. Pecoraro's state filing from Tower Group Insurances listing himself as Assistant Vice President of Claims for Tower Group Companies, he "perfects the fraud" of his assured the truck driver by admitting the Aequicap policy (as evidenced at the scene of the accident) is not valid.  This will likely serve to convict the assured, trucker, truck operators, and owners for their fraud at the scene.  Pecoraro continues spinning his tales, but seems to be becoming aware that his game is not working too well.  It appears he may finally be getting ready to accept responsibility, BUT he has at the time of this posting not accepted liability.  See the documents at www.FraudDocumentation.com/media/PecApril2011statefiling1truckersfraud.jpg and www.FraudDocumentation.com/media/PecApril2011statefiling2truckersfraud.jpg



624.155(1)(b)(1) Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
624.155(1)(b)(2) Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made.
624.155(1)(b)(3) Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
624.401(1) No person shall act as an insurer, and no insurer or its agents, attorneys, subscribers, or representatives shall directly or indirectly transact insurance, in this state except as authorized by a subsisting certificate of authority issued to the insurer by the office, except as to such transactions as are expressly otherwise provided for in this code.
624.401(2) No insurer shall from offices or by personnel or facilities located in this state solicit insurance applications or otherwise transact insurance in another state or country unless it holds a subsisting certificate of authority issued to it by the office authorizing it to transact the same kind or kinds of insurance in this state.
624.401(3) This state hereby preempts the field of regulating insurers and their agents and representatives; and no county, city, municipality, district, school district, or political subdivision shall require of any insurer, agent, or representative regulated under this code any authorization, permit, or registration of any kind for conducting transactions lawful under the authority granted by the state under this code.
624.401(4)(a) Any person who acts as an insurer, transacts insurance, or otherwise engages in insurance activities in this state without a certificate of authority in violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Supreme Court ruled unanimously written by Judge William Rehnquist concerning Hustler Magazine v Jerry Falwell

"At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty and thus a good unto itself but also is essential to the common quest for truth and the vitality of society as a whole."

Supreme Court Judge Scalia wrote concerning Pope v Illinois

"Just as there is no use arguing about taste, there is no use litigating about it."

Copyright May 2011, All rights reserved by Ted Whidden