CRIMINAL DEFENSE INVESTIGATIONS
 
 

newCHP officer, wife face fraud charge
By Ruth Ellis
Lassen Co. Times
11 February 2014

Two Lassen County residents facing charges of alleged Workers’ Compensation Insurance fraud are scheduled to be arraigned at 1:30 p.m. Wednesday, February 26, 2014 in Sacramento Superior Court. 

Daniel Cory Clapp , a veteran officer with the California Highway Patrol, and his wife Jolea Marie Clapp, who was a dispatcher at the Susanville office, were arrested Friday, January 31, 2014.

According to a press release from the office of Sacramento County District Attorney Jan Scully, the amount of alleged fraud is in excess of $50,000.  Both defendants are accused of conspiracy to make false statements in support of a workers’ compensation claim and making false statements about the true extent of Daniel Clapp’s injuries he allegedly received during a scuffle while making an arrest December 27, 2011.  Daniel Clapp is additionally accused of perjury for false statements in a deposition. 

Hal Rosendahl, a lieutenant at the CHP Northern Division Office in Redding, said the highway patrol takes any allegations seriously, and the CHP appreciates the cooperation with the Sacramento County District Attorney’s office.

Upon the completion of the administrative investigation, Rosendahl said the department “will impose discipline up to and including dismissal of the employees.’ Rosendahl said he wanted to emphasize the alleged misconduct of the employees does not reflect the values or the hard work and dedication of the more 11,000 employees who work every day and provide safety and serve the public.

According to the warrants and affidavits, Lt. Commander Thomas Mitchell of Susanville Office, called the CHP Internal Affairs Section, Workers’ Compensation Fraud Unit on March 8, 2012 and provided information that Daniel Clapp may be committing fraud.

According to the press release, Daniel and Jolea Clapp stated to the workers’ compensation doctor Daniel was unable to drive, lift heavy items and pain prevented him from performing his duties as a CHP officer.

The CHP’s Internal Affairs Section, Workers’ Compensation Fraud Investigation Unit conducted surveillance and the warrants and affidavit outline times Clapp was observed allegedly performing tasks which were in direct conflict with what he told his doctor.  The warrants and affidavits detail occasions where investigators saw Daniel Clapp allegedly camp and carry what appeared to be heavy items, including a role of carpet, and water containers.  Investigators also saw him swim and dive and prepare to launch a ski boat while he appeared to move freely and did not show obvious signs of pain.

He was also observed driving for long periods of time and cutting and carrying firewood rounds 18 inches thick and 24 inches in diameter, according to the press release.

The press release also said Jolea Clapp often accompanied Daniel Clapp on these pleasure outings and would allegedly drive for him while in the local CHP jurisdiction and then change driver positions outside of the jurisdiction.  The press release alleged during medical visits in which Daniel Clapp complained of pain, Jolea Clapp forcefully corroborated her husband’s accounts of disabling pain and his inability to perform physical activities she observed him perform. 

If convicted, the defendants could face up to five years in prison.

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