Capital Dome, Charleston
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Kanawha County Grand Jury Returns Multiple Indictments for Insurance Fraud 

1/31/2008 

CHARLESTON, WV -- West Virginia Insurance Commissioner, Jane L. Cline, announced today that a Kanawha County Grand Jury indicted five (5) individuals in multiple cases involving insurance fraud on January 25, 2008.

Tina Marie Browning, age 40, of Eskdale, was indicted on one (1) felony count each of forgery, uttering and fraudulent schemes.  Along with Ms. Browning, Linda Foster, age 60, also of Eskdale, was indicted on one (1) felony count of fraudulent schemes.  Ms. Browning and Ms. Foster allegedly wrote checks on an account and continued to receive workers' compensation benefits meant for another individual who had passed away and had lived at the same residence. Both individuals face a possible sentence of one (1) to ten (10) years in a state correctional facility and a fine of no more than $10,000 on each felony count, in which they are charged.

Terry L. Grimmett, age 48, of Bruno, was indicted on one (1) felony count each of workers' compensation fraud and obtaining money by fraudulent schemes.  Mr. Grimmett is accused of receiving disability payments from Brickstreet Mutual Insurance Company to which he was not entitled. If convicted, Mr. Grimmett faces a possible sentence of one (1) to ten (10) years in a state correctional facility and a fine of no more than $10,000 on each felony count, in which he is charged.

Donald E. Kidwell Jr., age 32, of Delbarton, was indicted on two (2) felony counts of workers' compensation fraud for allegedly receiving temporary disability benefits to which he was not entitled.  If convicted, Mr. Kidwell Jr., faces a possible sentence of one (1) to ten (10) years in a state correctional facility and a fine of no more than $10,000 on each felony count, in which he is charged.

Patsy Sue Tawney, age 41, of Elkview, was indicted on one (1) felony count of first degree arson and one (1) felony count of insurance fraud.  Ms. Tawney allegedly set fire to a mobile home that she shared with her husband and mother in law, in Elkview, and then subsequently filed an insurance claim for the damage.  If convicted, Ms. Tawney faces a possible sentence of one (1) to ten (10) years in a state correctional facility and a fine of no more than $10,000 on each felony count, in which she is charged.

Lastly, Benny Todaro, age 35, of Crab Orchard, was indicted on seven (7) felony counts of failure to file premium tax reports to the Workers' Compensation Commission.  Mr. Todaro who owned Todaro Construction and Remodeling allegedly failed to obtain workers compensation coverage for his employees as well as withholding payroll taxes without distributing the funds to the appropriate agencies.  If convicted, Mr. Todaro faces a possible sentence of one (1) to ten (10) years in a state correctional facility and a fine of no more than $10,000 on each felony count, in which he is charged.

Commissioner Cline stated, "Gary Griffith, Director of the WV Offices of the Insurance Commissioner's Fraud Unit, and his office have been investigating these cases in cooperation with the Kanawha County Prosecuting Attorney's Office.  The cooperation between the two agencies is a positive step forward in efforts to control insurance fraud in Kanawha County and the State of West Virginia".  

Contact Information

Jason Butcher 
304-558-6279 ext. 1237