Georgia Insurance Commissioner, Jim Beck of Carrollton has been indicted with 38 counts of wire fraud, mail fraud and money laundering in the Northern District of Georgia Atlanta Division.
Beck was elected as Insurance Commissioner in November of 2018.
We will bring you more updates during tomorrowÂ’s morning newscast.
Below is a copy of the indictment from the US attorneys office
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
V.
JIM C. BECK
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THE GRAND JURY CHARGES THAT:
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Counts 1 through 12
(Wire Fraud)
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- Beginning in or about February 2013 through in or about June 2018, in
the Northern District of Georgia and elsewhere, the defendant,
Jim C. Beck
did knowingly devise and intend to devise a scheme and artifice to defraud the
Georgia Underwriting Association, and to obtain money and property from that
entity by means of a materially false and fraudulent pretense, representation, and
promise, as well as by an omission of material facts, well knowing and having
reason to know that said pretense, representation, and promise was and would
be false and fraudulent when made and caused to be made and that said
omission was and would be material.
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Background
At all times relevant to this Indictment:
- BECK was the elected General Manager of Operations for Georgia
Underwriting Association (GUA), an insurance association, located in Suwanee,
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Georgia, in the Northern District of Georgia. As General Manager of Operations,
BECK owed a fiduciary duty to GUA.
- GUA was created under the Georgia Fair Access to Insurance
Requirements (FAIR) law to provide high-risk property insurance to
homeowners located throughout Georgia.
- GUA was governed by a board of directors appointed by the Georgia
Commissioner of Insurance, along with other members elected from a slate of
candidates selected by the Georgia Co1!lffiissioner of Insurance.
- In addition to premiums collected from its customers, GUA was also
funded by issuing assessments to the association members, which included every
insurer authorized to write any form or type of property insurance in the State of
Georgia.
- BECK had a controlling financial interest in a business entity known as
Creative Consultants located in Carrollton, Georgia:
- BECK had a controlling financial interest in a business entity known as .
GA Christian Coalition located in Carrollton, Georgia.
- Company A was a business entity formed at the suggestion and
. encouragement of BECK by M.B., a friend and associate of BECK. Company A
was formed in 2013 and located in Temple, Georgia from 2013 to 2016 and
incorporated in 2016 and located in Fort Myers, Florida from 2016 to 2018.
Company A, which had no employees, existed only to produce fraudulent
invoices, collect payment for fraudulent invoices, and redirect payments that it
received to BECK through Creative Consultants.
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- Company B was a limited liability corporation formed at the suggestion
- and encouragement of BECK by S.J.M., a friend and associate of BECK.
Company B was formed, incorporated, and located in Raleigh, North Carolina.
- Company C was a limited liability corporation formed at the suggestion
and encouragement of BECK by S.W.M., a friend and associate of BECK.
Company C was formed and located in Raleigh, North Carolina and
incorporated in Georgia.
- Company D was a limited liability corporation formed at the
suggestion and encouragement of BECK by S.G., a friend and associate of BECK.
Company D was formed, incorporated, and located in Bowdon, Georgia.
Company D, which had no employees, existed only to produce fraudulent
invoices, collect payment for fraudulent invoices, and redirect payments received
to BECK through GA Christian Coalition.
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The Scheme and Artifice to Defraud
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The Company A, Company B, and Company C Scheme
- In early 2013, BECK told M.B. that he had developed a riew, more
economical way to do home inspections, which would save insurance companies
a lot of money. BECK asked M.B. if he was interested in forming a business
entity and handling “the books” for the new business in exchange for a 10% cut
of the proceeds. After BECK assured M.B. that his proposal was “on the up and
up,” M.B. accepted BECK’s offer and, in response, formed Company A. M.B.
incorrectly believed that other unidentified individuals were performing the
home inspections on behalf of Company A.
- In 2015, BECK told S.J.M. that he had a business project for her.
According to BECK, he wanted S.J.M to review property inspection reports for
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GU A in order to determine whether the premiums GU A charged its customers
should be adjusted based on the condition of the properties. BECK also
requested that S.J.M. bill for Company A services on the invoices that she would
prepare and submit to GUA. Based on information S.J.M. received from BECK,
S.J.M. incorrectly believed that Company A was responsible for procuring the
thousands of property inspection reports that she would be r;eviewing. BECK
told S.J.M that she could keep 10% of the amount that she billed GUA each
month for Company AÂ’s services. S.J.M. accepted BECKÂ’ s offer and, in response,
formed Company B. S.J.M. d/b/a Company B began to review property
inspection reports and to bill GU A for her own services and the work she
believed was performed or procured by Company A. In total, S.J.M. d/b/ a
Company B ‘invoiced and collected approximately $908,000 from GUA and paid
approximately $713,000 to M.B. d/b/ a Company A. Then, at BECKÂ’s direction,
Company A paid 90% of the funds it received from Company B to BECK through
Creative Consultants. ·
- In 2016, BECK contacted S.W.M. about a new business idea. BECK told
S.W.M that he wanted him to assist GUA with offering mitigation advice to GUA
customers who had potential water damage claims. BECK told S.W.M. that GUA
would pay him a monthly retainer fee for his work. S.W.M. accepted BECKÂ’ s
offer and, in response, formed Company C. S.W.M. d/b / a Company C began to
offer water damage mitigation counseling to GUA customers. BECK then
instructed S.W.M. to include billing for Company A services on the Company C
inv~ices that S.W.M. prepared for GUA. Based on information from BECK,
S.W.M. incorrectly believed that Company A was responsible for reinsuring
GUA for its water damage coverage. In total, S.W.M. d/b/ a Company C
invoiced and collected approximately $370,000 from GUA and paid
approximately $325,000 to M.B. d/b/a Company A.
- Between February 22, 2013 and May 30, 2018, at BECKÂ’ s direction, M.B.
prepared monthly Company A invoices that falsely and fraudulently stated that
Company A had produced” online home inspections” and” data scans” for GUA.
On approximately 47 occasions, these invoices were sent directly to BECK in an
electronic format to his personal email address. With BECKÂ’s approval, GUA
paid the Company A invoices.
- Between January 8, 2016 and March 15, 20181 at BECKÂ’ s direction, M.B.
prepared monthly Company A invoices that falsely and fraudulently stated that
Company A had produced “inspection/ data packets” for Company B. On
approximately 29 occasions, these invoices were sent directly to BECK in an
electronic format to his personal email address. BECK then sent the same
invoices directly to S.J.M d/b/a Company Bin an electronic format. In turn, at
BECKÂ’s direction, S.J.M. prepared Company B invoices for GUA that included
the same purported Company A services but at a marked-up rate. With BECKÂ’ s
approval, GUA paid the Company B invoices and, at BECKÂ’s direction, S.J.M
paid the corresponding Company A invoices.
- Between November 7, 2016 and June 15, 2018, at BECKÂ’ s direction,
M.B. prepared bi-monthly Company A invoices that falsely and fraudulently
stated that Company A had produced “24/7 Mitigation Service Bronze Package”
for Company C. On approximately 10 occasions, these invoices were sent
directly to BECK in an electronic format to his personal email address. BECK
then sent the same invoices directly to S.W.M d/b/ a Company C in an electronic
format. In turn, at BECKÂ’s direction, S.W.M. prepared Company C invoices for
GUA that included the same purported Company A services. These Company C
invoices were sent by S.W.M. to BECK in an electronic format. With BECKÂ’ s
approval, GUA paid the Company C invoices and, at BECKÂ’s direction, S.W.M
paid the corresponding Company A invoices.
- Between February 15, 2013 and June 26, 2018, BECK sent invoices from
Creative Consultants to Company A that falsely and fraudulently stated that
Creative Consultants had produced “inspections,”” data scans,” and “Mitigation
Services-Water Package” for Company A. In each mstance, at BECK’s direction,
M.B. paid the Creative Consultants invoices with money Company A collected
by invoicing GUA, Company B, and Company C. Over the course of this scheme
and artifice, at BECKÂ’ s direction, Company A paid BECK through Creative
Consultants approximately 90% of all the payments Company A received.
The Company D and GA Christian Coalition Scheme
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- In late 2012, BECK approached S.G. with a business opportunity. BECK
told S.G. that he was interested in passing legitimate payments from GUA to GA
Christian Coalition in an effort to build up and improve GA Christian Coalition.
BECK told S.G. that the GUA board of directors gave BECK the authority to
make such an arrangement. BECK further explained that the GUA payments
should pass from GUA through another business entity that he suggested should
be formed by S.G. and be called Company D. In exchange for handling the flow
of payments from GUA to GA Christian Coalition, BECK told S:G. that he could
keep at least 10% of every payment that GUA made to Company D. S.G.
accepted BECKÂ’ s offer and, in response, formed Company D.
- Between August 6, 2013 and October 7, 2016, BECK delivered GUA
checks to S.G. made payable to Company D. In no instance had S.G. invoiced
GUA for any work performed by Company D. However, BECK submitted
fraudulent Company D invoices to GUA. With BECKÂ’s approval, GUA paid the
Company D invoices. , ~Â’
- In tum, on approximately 37 occasions, with each GUA payment
received by Company D, BECK delivered to S.G._ an invoice from GA Christian
Coalition for approximately 88% of the corresponding GUA payment to
Company D. The invoices from GA Christian Coalition falsely and fraudulently
stated that Company D was being billed for “advertising sponsorship” or
“sponsorship p~ckage.” In every instance, at BECK’s direction, S.G. paid GA
Christian Coalition invoices with money Company D had collected from GU A.
- All told, between February 2013 and August 2018, BECK, used the
above-described fraud schemes to embezzle in excess of $2,000,000 from GUA.
- BECK utilized the proceeds of the above-described fraud_ schemes for a
variety of purposes. These purposes included paying thousands of dollars of
personal expenses charged to a personal credit card and using thousands of
dollars to fund personal investment and retirement accounts, personal savings
accounts, and the “Jim Beck For Georgia, Inc.” statewide election campaign
account. BECK also utilized thousands of dollars of the illegal proceeds to
purchase and improve personal rental property and to pay his personal state and
federal income taxes.
- · Specifically, on or about the dates set forth in the following table, in the
Northern District of Georgia and elsewhere, the defendant,
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JIM C. BECK,
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for the purpose of executing the scheme and artifice described above, such
scheme and artifice knowingly having been devised and intended to be devised
to defraud, and for the purpose of obtaining money and property by means of a
materially false and fraudulent pretense, representation, and promise, as well as
by omission of a material fact, knowing and having reason to know that the
pretense, representation, promise, and omission was and would be material,
caused a wire communication to be transmitted in interstate commerce as a
result of the following transactions:
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Counts 13 through 24
(Mail Fraud)
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- · The Grand Jury re-alleges and incorporates by reference the factual
allegations from Paragraphs 1 through 23 of this Indictment as if fully set forth
here.
- On or about the dates set forth in the following table, in the
Northern District of Georgia and elsewhere, the defendant,
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JIMC. BECK,
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for the purpose of executing and attempting to execute the scheme and artifice
described above, and for the purpose of obtaining money and property by means
of a materially false and fraudulent pretense, representation, and promise, as
well as by an omission of material fact, knowing and having reason to know that
the pretense, representation, promise, and omission was and would be material,
did use the United States Postal Service by mailing and causing to be mailed and
did use a private and commercial carrier by depositing and causing to be
deposited with the carrier the items listed below:
All in violation of Title 18, United States Code, Section 1341.
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- Counts 25 through 38
(Money Laundering)
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- The Grand Jury re-alleges and incorporates by reference the factual
allegations from Paragraphs 1 through 23 of this Indictment as if fully set forth
here.
- On or about the dates set forth in the following table, in the Northern
District of Georgia, the defendant,
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JIMC. BECK,
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did knowingly engage in monetary transactions affecting interstate commerce,
by and through a financial institution, as set forth below, each such transaction
involving criminally derived property of a value greater than $10,000, such
property having been derived from a specified unlawful activity, that is wire
fraud and mail fraud:
All in violation of Title 18, United States Code, Section 1957.
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Forfeiture
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- Upon conviction of one or more of the offenses alleged in Counts 1
through 24 of this Indictment, the defendant,
JIMC. BECK,
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shall forfeit to the United States of America, pursuant to Title 18, United States
Code, Section 981(a)(l)(C) and Title 28, United States Code, Section 2461, any
property, real or personal, which constitutes or is derived from proceeds
traceable to such violations. The property to be forfeited includes, but is not
limited to, the following:
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MONEY JUDGMENT: A sum of money in United States
currency, representing the amount of proceeds obtained as a
result of the offenses alleged in Counts 1 through 24 of this
Indictment.
- Upon conviction of one or more of the offenses alleged in Counts 25
through 38 of this Indictment, the defendant,
JIMC. BECK,
shall forfeit to the United States of America, pursuant to Title 18, United States
Code, Section 982(a)(1), any property, real or personal, involved in such offense,
or any property traceable to such property. The property to be forfeited
includes, but is not limited to, the following:
MONEY JUDGMENT: A sum of money in United States
currency, representing the amount of proceeds obtained as a
result of the offenses alleged in Counts 25 through 38 of this
Indictment.
If, any property subject to forfeiture, as a result of any act or omission of the
defendant:
(a) cannot be located upon the exercise of due diligence;
(b) has been transferred or sold to, or deposited with, a third party;
( c) has been placed beyond the jurisdiction of the court;
( d) has been substantially diminished in value; or
( e) has been commingled with other property which cannot be divided
without difficulty;
the United States of America shall be entitled to forfeiture of any other property
of the defendant up to the value of the forfeitable property, pursuant to Title 21,
United States Code, Section 853(p), as incorporated by Title 18, United States
Code, Section 982(b)(l) and Title 28, United States Code, Section 2461(c).