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June 29, 2006

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Charitable acts lead to reduced insurance fraud convictions  

By Neal Putnam
The Alpine Sun

     SAN DIEGO — An Alpine couple has been placed on three years probation after pleading guilty to providing inaccurate information to a state agency about their construction company’s employees. The information was used to determine the premium rate and lower the cost of their workers' compensation insurance policy.
     Robert Hernandez Rodriguez, 50, and Sandra Lee Rodriguez, 49, were ordered to perform 125 hours and 80 hours of volunteer work respectively at any nonprofit organization. San Diego Superior Court Judge David Danielsen did not order any jail time.
     Robert Rodriguez, who is the founder and owner of RH General Inc., JBD Construction and JBO Staffing, paid restitution of $132,531.83 to the State Employment Development Department. Deputy District Attorney Ernie Marugg said the amount paid was deemed to be payment in full.
     An Alpine family, among other victims of the 2003 Cedar fire, wrote favorably to the judge about the Rodriguez's help in rebuilding their homes. An attorney wrote that Rodriguez only charged people for materials and labor. Rodriguez's businesses involve constructing apartments and condominiums.
     Before he started his own firms, Robert Rodriguez, worked as a foreman at an Alpine construction company from 1986 to 1996.
     A county grand jury indicted Robert and Sandra Rodriguez and 52 year-old office manager Christa Hellgren on conspiracy and related charges in December 2005. According to court records, the evidence included the firm's time sheets and monthly payroll reports.
     All three pleaded guilty to making false declarations of fact about their employees, which affected the premium rate and cost of the workers compensation insurance policy. They also pleaded guilty to willful failure to supply the information to the state with the intent to commit tax evasion.
     The judge, on June 21, reduced all the felony convictions to misdemeanors. Robert Rodriguez was ordered to pay $889 in costs for probation supervision and a $239 fine. Hellgren was also placed on probation, and she was ordered to perform 80 hours of volunteer work.
     All three were booked and quickly released from jail, as they had not been arrested after charges were filed against them. The maximum penalty that could have been sentenced before the charges were reduced was five years and eight months in prison and a $5,000 fine.
     Robert Rodriguez put on a fundraiser in 2003 at an East County golf course for a 23 year-old waiter at a La Mesa restaurant who had cancer. The waiter, whose cancer is now in remission, wrote favorably to the judge saying Rodriguez is “one in a million.” According to defense records Rodriguez also raised funds for a Mexican orphanage in 2005 for which he personally donated $10,000.


                                           
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