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1
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In this episode of American Greed, bars,
nightclubs, strip clubs, and big -name
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00:00:09,630 --> 00:00:15,070
acts turn to insurance executive Jeffrey
Cohen for the financial protection they
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00:00:15,070 --> 00:00:18,230
need when crowds and booze mix.
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00:00:18,750 --> 00:00:22,890
It's the what -ifs. That's what
insurance is for, the what -ifs. With
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00:00:22,890 --> 00:00:28,950
from coast to coast, Cohen's company
brings in more than $100 million, and he
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00:00:28,950 --> 00:00:29,950
lives large.
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He had a Porsche, he had a Bentley, an
Aston Martin close to $200 ,000.
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But prosecutors say it's all a facade.
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Unexpectedly, we were notified by Jeff's
companies that I was not on the policy.
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According to the government, Cohen uses
a mountain of fake documents to make it
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appear his company has the cash it needs
to provide the help he's promised.
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One of the things that was unique about
this case was the number of different
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false representations.
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were involved.
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And when the feds close in, they say
they're surprised by what they see.
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He did have a quality that most other
fraud defendants don't have.
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And by what they hear.
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Because most other fraud defendants
don't do what he did.
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It's the afternoon of June 20th, 2014.
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A former insurance executive named
Jeffrey Cohen heads north in his white
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SUV.
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00:01:43,590 --> 00:01:49,190
Not long ago, a judge in Delaware
ordered the liquidation of Indemnity
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Corporation, or IIC.
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The company Cohen says he built with his
own blood, sweat, and tears.
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A friend will later testify that Cohen
has seemed off.
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like something wasn't right.
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And as he drives, he speaks into a
recently purchased audio recorder.
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The only difference between a soldier
killing somebody or an operative or a
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police officer or anybody is that
there's a written law that says they can
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says that I can't.
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Cohen will later admit in court that in
recent days he has been gathering
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information on James Travis Laster, The
Delaware judge who ordered the
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liquidation of indemnity.
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And on Lieutenant Governor Matthew Den,
the state's former insurance
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commissioner. He will also testify that
with this information, he visits both
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their homes.
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Pretty surreal, considering I'm driving
to Delaware right now to doubt out
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how I can attack Den and Laster.
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00:02:58,030 --> 00:03:02,470
In case it's not obvious, this is no
typical insurance story.
40
00:03:02,710 --> 00:03:06,110
And Jeffrey Cohen is no typical
insurance executive.
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Robert McClintock is a Baltimore artist
who alters photographs to make them look
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like paintings.
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Though he says he usually avoids human
subjects, In 2012, one of Jeffrey
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employees at Indemnity Insurance
Corporation contacts McClintock, asking
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be willing to paint the boss.
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Well, they just depicted this guy, Jeff,
as a unique individual, and he's just
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different in the insurance industry,
which I don't know what that meant, but
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could tell the guy had an edge.
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McClintock takes the job.
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And soon he receives the photo that
Cohen wants transformed into a large
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portrait of himself.
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His face was contorted, like, don't mess
with me. And he was flipping the bird.
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It was just kind of an old brother, you
know. Who is this guy?
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What's he up to?
55
00:04:16,800 --> 00:04:19,920
Jeffrey Cohen's rise to insurance
infamy.
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started shortly after high school, when
he says he began working not as a
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broker, but as a bouncer.
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Cohen will later say he went on to learn
other aspects of the nightclub industry
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as a bartender, a server, a manager, and
even a partner running clubs.
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But after learning the ropes, Cohen says
he finds himself drawn to the decidedly
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less exotic family business.
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His father owned an insurance company.
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His understanding of both sides of that
business, the insurance side, from
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00:04:52,190 --> 00:04:57,010
having that in his family, as well as
being involved in the bar business for
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many years, from our understanding, it
was that he put those two together and
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00:05:01,850 --> 00:05:04,450
created the specialized insurance
business.
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00:05:05,190 --> 00:05:10,230
Cohen says that in a bar one night, he
sketches out a business plan on a
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00:05:10,230 --> 00:05:11,250
beverage napkin.
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00:05:12,400 --> 00:05:16,720
Nightlife establishments need insurance,
and his company, which will come to be
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00:05:16,720 --> 00:05:20,520
called Indemnity Insurance Corporation,
will provide it.
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Britt Swan is a Washington, D .C. area
bar owner who says he first turns to
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Cohen for coverage in the early 2000s.
He was pleasant. He was helpful. Didn't
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00:05:31,960 --> 00:05:33,260
seem to have no in his vocabulary.
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He said he could take care of it, and he
did.
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Swan and others say...
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that the insurance Cohen's company
provides is a vital necessity at
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establishments which are, by their very
nature, full of risk.
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Well, outside of your normal slip and
fall, assault and battery, you do have
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real big problem of over -serving or
intoxicated patrons, people claiming
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you over -served them or you intoxicated
them.
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If a patron's over -served at the bar
and gets in an accident or harms others.
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that bar that served that patron could
obviously be held liable and be sued for
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that.
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Swan says that in exchange for the
premiums he pays, he expects help if
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something bad happens.
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Well, if a claim came up, I would expect
that he would assign someone to it.
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00:06:21,540 --> 00:06:23,740
They would, of course, come gather the
facts.
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And if we were at fault, I would expect
them to make it right.
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But if they found that we were not at
fault, I would expect them to defend us.
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Indemnity's website states that no other
carrier can offer the level of
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protection and risk management that we
deliver every day.
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And bars shopping for insurance can do
more than just take Indemnity's word for
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it. Thanks to Cohen, the company has the
rating to prove it.
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AMBEST is widely respected in the
insurance industry. It's a rating agency
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that's used by lots of policyholders and
by other insurance companies in
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determining very important aspects to an
insurance company's operations.
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It says something about the financial
stability of the insurance company and
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quality of the insurance company. And it
also reflects the size.
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You need to have enough surplus in order
to pay any potential claims that would
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come through.
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Cohen's relationship with AMBEST begins
when he first visits their New Jersey
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headquarters in 2008.
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Cohen will later admit in court that he
tells AMBEST one of his companies, LMNH,
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will have $7 million in assets safely
stashed away.
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Later, he sends them a copy of a bank
statement from RBC, the Royal Bank of
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Canada. showing LMNH has $12 .5 million
in its account there.
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In turn, indemnity receives an A-, or
excellent rating, due in part, A .M.
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says, to the company's excellent
capitalization levels.
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The A - rating was a big deal for the
company. It allowed him to have certain
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brokers. offer his product to potential
policyholders.
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That allowed his company to grow because
it showed that his company had a lot of
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cash on hand, basically, so he would be
able to cover those large claims in case
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they did come in from large venues or
large clients.
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Though Cohen will later say the rating
had little effect on his business, he
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sends out gloating posters to those who
doubted him.
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featuring a hand gesture he seems to
like.
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And he mentions the rating prominently
elsewhere.
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Mr. Cohen would then put it on various
things associated with indemnity,
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including the website and mailings that
indemnity had and other methods that he
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used to grow the company.
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Despite the gloating, Cohen says his
company was more than just an AM Best
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rating and that the nightlife
establishments he insured were thrilled
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service he offered.
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00:09:07,310 --> 00:09:13,030
According to Cohen, his employees help
bar owners design their space and train
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employees to prevent potentially
expensive incidents before they occur.
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And when the inevitable happens, Cohen
and others say, Indemnity Insurance
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Corporation has a legal strategy of
fighting claims and not backing down.
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As we alleged in court filings and
presented evidence from other cases
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the country, It appeared to be indemnity
practice to be highly aggressive in
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defending its claims.
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Andrew Cohen, who is of no relation to
Jeffrey, is one of many lawyers who
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himself on the opposing side of an
indemnity lawsuit.
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After representing a family in a
wrongful death suit against a bar
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indemnity, Jeffrey Cohen sues him
personally.
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It was no holds barred. It was scorched
earth. It was unlike anything anybody
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I've ever practiced with in almost 25
years has ever seen.
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00:10:07,240 --> 00:10:13,000
In court, Cohen admits he can be
belligerent, arrogant, and sometimes
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a prick.
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And as the video deposition shows, just
getting him to answer a simple question
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can at times be difficult.
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What's your current address, Mr. Cohen?
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When? What's your current address? When?
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Where do you currently reside? That
means at the moment. Currently means at
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moment. Where do you reside now?
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Checking.
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Next, see how Jeffrey Cohen's risky
business pays off.
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I've actually been in two of the four
homes that he owned.
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They were both very beautiful homes.
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Something you would see, like, in a
movie.
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For years, businesses in the nightlife
industry paid big bucks to Indemnity
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Insurance Corporation, expecting the
company to cover them if and when the
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unthinkable occurs.
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To prove the company's ability to do so,
Jeffrey Cohen turns to insurance
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ratings agency AMBEST.
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The evidence we presented in court
showed that he had multiple different
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interactions with them.
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He sent them emails. He called them on
the phone. He went up to A .M. Best
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headquarters and met with them. And so
there was an extensive interaction
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between A .M. Best and indemnity and
between them and Mr. Cohen.
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But the ratings agency is not the only
entity to whom he must demonstrate his
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company's ability to pay up when booze
causes trouble and trouble leads to
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claims. State regulators are looking at
the financial condition of the insurance
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company. The insurance industry is a
highly regulated industry.
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Because the individual policyholders,
they want to be able to give their money
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and trust that the company that they're
giving the money to has the ability to
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pay claims.
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After reviewing Indemnity's books,
regulators give Cohen's company the
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up.
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And with all the right boxes checked,
Indemnity continues to sign up bars,
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clubs, and other party -filled venues.
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When he first launches, Cohen says it's
just him and his dog.
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But he claims in court that his company
grows to employ close to 100 people.
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From his main office in suburban
Baltimore, indemnity provides coverage
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than 3 ,000 policyholders from coast to
coast.
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In addition to watering holes in
restaurants, Cohen testifies that he
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insures big -name acts like the Rolling
Stones, U2, and Jay -Z.
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American Greed was unable to confirm
this assertion. From 2008 through
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2012, he brought in over $100 million of
premiums. Cohen's business is
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booming, and he seems to be enjoying his
success. According to documents
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presented in court in April 2008, when
he received his AM Best rating, his
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00:13:24,100 --> 00:13:27,420
salary is already $44 ,000 per month.
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Five years later, it has more than
doubled.
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In 2012, 2013, it was close to $100 ,000
a month in salary.
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He would also have $100 ,000 or $200
,000 bonuses on top of that.
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Cohen's companies buy or lease him a
Porsche, a Bentley, two Lexuses, an
186
00:13:47,370 --> 00:13:52,450
Martin, a Land Rover, and a Mustang,
whose combined value is more than $1
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million.
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00:13:54,010 --> 00:13:58,750
These vehicles sport license plates such
as Risk Taker.
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As evidence at his sentencing will show,
Cohen also owns a waterfront home in
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00:14:04,520 --> 00:14:07,960
Fort Lauderdale, Florida, and another
outside Baltimore.
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The one in Maryland was full of high
-end furniture, spiral staircases as you
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walk in that are in a very open foyer,
something you would see, like, in a
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00:14:19,020 --> 00:14:20,020
movie.
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00:14:20,520 --> 00:14:25,160
According to evidence presented in
court, Cohen spends more than half a
195
00:14:25,160 --> 00:14:29,120
dollars of company money on private jet
trips to Florida and back.
196
00:14:30,280 --> 00:14:36,760
Court transcripts say he owns a $50 ,000
Rolex and buys his wife a $260
197
00:14:36,760 --> 00:14:38,800
,000 engagement ring.
198
00:14:39,600 --> 00:14:46,360
And a newspaper report citing court
records says Cohen spent $83 ,000
199
00:14:46,360 --> 00:14:51,280
over two months primarily at adult
entertainment venues in Las Vegas.
200
00:14:52,460 --> 00:14:57,080
According to the article, Cohen denied
the allegation, saying it was actually
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00:14:57,080 --> 00:15:01,800
$100 ,000 and that it was for legitimate
marketing purposes.
202
00:15:04,920 --> 00:15:10,500
Up next, Jeffrey Cohen's business seems
legit. But when a bar owner looks for
203
00:15:10,500 --> 00:15:13,100
help, he learns he's on his own.
204
00:15:13,420 --> 00:15:17,840
My only thought at the time was he had a
million reasons to do that because our
205
00:15:17,840 --> 00:15:21,540
policy limit was a million dollars. And
he just wasn't going to pay anything.
206
00:15:35,310 --> 00:15:38,890
Mr. Cohen, before the break, you
mentioned the name Brit Swan.
207
00:15:39,130 --> 00:15:40,130
Who is Brit Swan?
208
00:15:41,390 --> 00:15:42,390
A human being.
209
00:15:53,450 --> 00:15:59,250
In October 2009, Britt Swann receives
word that his Washington, D .C. bar,
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00:15:59,530 --> 00:16:01,450
Modern, is being sued.
211
00:16:02,650 --> 00:16:08,990
It was alleged that we failed to check
the ID of a young lady, and as a result,
212
00:16:09,030 --> 00:16:11,550
we served her alcohol and she became
intoxicated.
213
00:16:12,150 --> 00:16:18,970
Subsequently, after that, there was an
automobile accident in which a passenger
214
00:16:18,970 --> 00:16:20,870
was killed.
215
00:16:21,640 --> 00:16:26,860
and the family of that passenger began a
lawsuit against us.
216
00:16:28,640 --> 00:16:33,600
Attorney Andrew Cohen, who is no longer
in private practice, once represented
217
00:16:33,600 --> 00:16:35,580
the family who files the lawsuit.
218
00:16:36,080 --> 00:16:40,840
They went to the court system to seek
accountability for the death of their
219
00:16:40,840 --> 00:16:47,240
daughter. Based on all the factors at
play in the case, we believed that we
220
00:16:47,240 --> 00:16:51,180
damages. in excess of the million
-dollar insurance policy that we could
221
00:16:51,180 --> 00:16:52,180
proven at trial.
222
00:16:53,960 --> 00:16:58,340
For an uninsured bar, damages like this
could be disastrous.
223
00:16:59,040 --> 00:17:03,020
But Modern has been paying for coverage
through Indemnity Insurance Corporation,
224
00:17:03,440 --> 00:17:06,960
and Swan says he thinks Cohen's company
has his back.
225
00:17:08,839 --> 00:17:15,300
Unexpectedly, we were notified by Jeff's
companies that I was not on the policy.
226
00:17:15,960 --> 00:17:22,339
And as a result, I was not an additional
insured, and he was pulling the legal
227
00:17:22,339 --> 00:17:24,359
defense team away from me.
228
00:17:25,500 --> 00:17:30,980
To do so, Indemnity produces an
insurance document called a binder that
229
00:17:30,980 --> 00:17:33,980
coverage to Modern's operator, J .C.
Mudd.
230
00:17:34,220 --> 00:17:39,600
But never mention Swan's company, the
bar's owner, Georgetown Bibliotheque.
231
00:17:41,410 --> 00:17:45,330
However, attorney Andrew Cohen says he
obtains a different version of the
232
00:17:45,330 --> 00:17:51,490
binder, which in sworn testimony he
calls the original unaltered version.
233
00:17:52,410 --> 00:17:56,470
Toward the top of the page, under
additional comments, Georgetown
234
00:17:56,470 --> 00:17:59,610
Inc. is added as it named in short. And
that's, of course, the critical point,
235
00:17:59,670 --> 00:18:02,070
that Georgetown Bibliotheque was added
to the policy.
236
00:18:02,330 --> 00:18:06,730
But then if you look at the binder that
we referred to in the litigation as the
237
00:18:06,730 --> 00:18:10,530
altered binder, that line is missing. It
appears to have been deleted.
238
00:18:11,020 --> 00:18:17,500
And as a consequence, all the text
underneath that line has moved up so
239
00:18:17,500 --> 00:18:21,940
this version the word approval is out of
this box and there's no white space
240
00:18:21,940 --> 00:18:27,420
between it and the words underneath it,
whereas on this version the word
241
00:18:27,420 --> 00:18:32,580
approval is in that box and there is
some white space underneath it. So to
242
00:18:32,580 --> 00:18:37,320
casual observer, it certainly looks like
the original binder was simply altered
243
00:18:37,320 --> 00:18:39,740
to have the reference to Georgetown
Bibliotheque deleted.
244
00:18:41,520 --> 00:18:45,460
While Jeffrey Cohen points out that no
court has ever ruled on whether he
245
00:18:45,460 --> 00:18:50,880
altered the binder, in court documents,
prosecutors say the insurance executive
246
00:18:50,880 --> 00:18:54,280
fraudulently denied coverage in the
case.
247
00:18:54,620 --> 00:18:59,760
Though Cohen denies these assertions,
prosecutor Joyce McDonald says there's a
248
00:18:59,760 --> 00:19:02,560
reason for his alleged switcheroo.
249
00:19:02,860 --> 00:19:08,200
The problem that Mr. Cohen was
addressing by denying coverage and by
250
00:19:08,200 --> 00:19:09,200
the policy.
251
00:19:09,420 --> 00:19:12,180
was not having enough money to pay the
claim.
252
00:19:12,980 --> 00:19:16,960
Cohen maintains he never lacked money to
pay claims.
253
00:19:17,160 --> 00:19:22,560
And for years, he has been showing
AMBEST and various state regulators that
254
00:19:22,560 --> 00:19:27,120
company has plenty of money available to
help bars and other nightlife
255
00:19:27,120 --> 00:19:29,520
businesses who've come to him for
insurance.
256
00:19:30,280 --> 00:19:31,380
But does it?
257
00:19:34,800 --> 00:19:40,340
In 2012, Delaware's Department of
Insurance begins a routine examination
258
00:19:40,340 --> 00:19:44,020
indemnity, and an analyst comes asking
questions.
259
00:19:44,600 --> 00:19:49,140
My understanding is that the Delaware
insurance commissioner's employee was
260
00:19:49,140 --> 00:19:54,300
trying to verify the assets of the
company. She was trying to verify funds
261
00:19:54,300 --> 00:19:56,860
were available in case the company
needed it.
262
00:19:57,230 --> 00:20:02,890
As part of the review, the analyst seeks
independent confirmation of a $5 .1
263
00:20:02,890 --> 00:20:06,850
million balance and then that he claims
to have a certain bank.
264
00:20:07,410 --> 00:20:11,970
In court, Cohen later admits that he
directs the analyst to send a
265
00:20:11,970 --> 00:20:16,090
form to the bank, providing an address
in Cockeysville, Maryland.
266
00:20:16,710 --> 00:20:21,670
After sending the blank form to this
address, the analyst gets it back,
267
00:20:21,670 --> 00:20:23,650
with the name of a real bank employee.
268
00:20:24,410 --> 00:20:28,310
It confirms indemnity's $5 .1 million
account balance.
269
00:20:28,930 --> 00:20:31,130
But something isn't quite right.
270
00:20:31,590 --> 00:20:35,010
The analyst for the Delaware Department
of Insurance followed up with a
271
00:20:35,010 --> 00:20:39,270
confirmation by attempting to contact
the named individual on the bank
272
00:20:39,270 --> 00:20:43,770
confirmation. Gets a hold of that
individual at the bank. That individual
273
00:20:43,770 --> 00:20:45,930
represents that they didn't sign a
confirmation.
274
00:20:46,270 --> 00:20:49,850
They don't know anything about it, and
it gives her great concern.
275
00:20:51,150 --> 00:20:56,090
Cohen later testifies that the address
he provides doesn't belong to a bank.
276
00:20:56,330 --> 00:21:01,730
It's just a P .O. box in a suburban post
office that he says he opened days
277
00:21:01,730 --> 00:21:03,590
before sending it to regulators.
278
00:21:04,110 --> 00:21:09,170
He was the one controlling what
information was being sent out on behalf
279
00:21:09,170 --> 00:21:14,690
P .O. box and also receiving the
information that was coming in. He
280
00:21:14,690 --> 00:21:15,890
be this.
281
00:21:16,190 --> 00:21:20,110
representative from this particular
financial institution in order to
282
00:21:20,110 --> 00:21:21,950
back to the regulators.
283
00:21:22,810 --> 00:21:28,210
According to voluminous court records
and Cohen's own admissions, this is not
284
00:21:28,210 --> 00:21:29,350
one -time deal.
285
00:21:29,570 --> 00:21:34,230
A federal appeals court will find that
Cohen has created a web of false and
286
00:21:34,230 --> 00:21:39,430
fraudulent financial documents to help
him misrepresent the financial status of
287
00:21:39,430 --> 00:21:40,430
his company.
288
00:21:40,720 --> 00:21:44,200
One of the things that was unique about
this case was the number of different
289
00:21:44,200 --> 00:21:46,280
false representations that were
involved.
290
00:21:46,940 --> 00:21:51,580
Typically, he would doctor up a bank
statement showing that a certain bank
291
00:21:51,580 --> 00:21:55,880
holding money for him. Whatever he
needed at the time, either to get an
292
00:21:55,880 --> 00:22:00,760
rating or to defeat an audit or to
pacify the regulators, he would create
293
00:22:00,760 --> 00:22:02,500
something fraudulent to get that done.
294
00:22:03,560 --> 00:22:06,480
AMBES declined and offered a comment for
the show.
295
00:22:07,280 --> 00:22:12,280
And Cohen says he is doing more than
just making fake financial documents.
296
00:22:12,760 --> 00:22:17,920
In his plea agreement and under cross
-examination, he admits that for years
297
00:22:17,920 --> 00:22:22,600
he's been tricking auditors when they go
to verify the money indemnity says it
298
00:22:22,600 --> 00:22:23,600
has in the bank.
299
00:22:23,940 --> 00:22:28,880
He's done so by setting up e -mail
addresses that sound like those of real
300
00:22:28,880 --> 00:22:34,380
banks. He says he's been providing these
addresses to auditors, then using them
301
00:22:34,380 --> 00:22:36,200
to pose as bank employees.
302
00:22:36,800 --> 00:22:39,480
to falsely confirm his own account
balances.
303
00:22:39,800 --> 00:22:41,880
So he was the one receiving the
confirmation.
304
00:22:42,280 --> 00:22:46,740
He was the one that was posing as the
bank to confirm that balance and sending
305
00:22:46,740 --> 00:22:49,260
it back to the auditors. The auditors
think that they're getting it
306
00:22:49,260 --> 00:22:53,000
independently from the bank, or in
essence, he's confirming his own fake
307
00:22:53,000 --> 00:22:54,000
balance.
308
00:22:54,140 --> 00:22:59,200
Though he admits in court that he's
faked multiple confirmations, Cohen will
309
00:22:59,200 --> 00:23:04,400
later tell a jury that his company was
extremely profitable and that he always
310
00:23:04,400 --> 00:23:06,120
had enough money to pay claims.
311
00:23:07,400 --> 00:23:12,200
But federal prosecutors argue that
Cohen's true financial picture becomes
312
00:23:12,200 --> 00:23:17,660
when you subtract his misrepresentations
and factored out a multimillion -dollar
313
00:23:17,660 --> 00:23:22,020
IOU owed to indemnity from another Cohen
-controlled company.
314
00:23:22,220 --> 00:23:28,100
It's an asset that prosecutors call
uncollectible, though Cohen vehemently
315
00:23:28,100 --> 00:23:29,100
disagrees.
316
00:23:29,520 --> 00:23:33,740
So this was the exhibit that we
introduced during the litigation to talk
317
00:23:33,740 --> 00:23:38,480
the reported assets of the company
versus what the agent's investigation
318
00:23:38,600 --> 00:23:43,740
right? Right. The blue represents what
Cohen was reporting as being the
319
00:23:43,740 --> 00:23:49,200
available funds to pay claims, and he's
consistently showing a $15 million
320
00:23:49,200 --> 00:23:52,600
surplus, and it jumps up to $23 million.
321
00:23:53,080 --> 00:23:58,220
But the red is what the government was
able to prove was the truth.
322
00:23:58,520 --> 00:24:02,480
Including a negative balance in 2011 of
$10 million.
323
00:24:05,300 --> 00:24:11,040
That money needed to be available in
case somebody came through with a claim
324
00:24:11,040 --> 00:24:12,040
that he needed to pay out.
325
00:24:12,560 --> 00:24:13,560
It's the what if.
326
00:24:14,120 --> 00:24:16,180
That's what insurance is for, the what
if.
327
00:24:20,680 --> 00:24:22,380
Next on American Greed.
328
00:24:22,990 --> 00:24:26,290
Caught red -handed, Cohen admits to many
of his crimes.
329
00:24:26,650 --> 00:24:30,170
And later, investigators make a chilling
discovery.
330
00:24:30,690 --> 00:24:34,470
These particular items were being
brought to our attention, and it started
331
00:24:34,470 --> 00:24:37,030
seem like this was not the typical white
-collar case.
332
00:24:54,090 --> 00:24:58,770
For years, Jeffrey Cohen's company has
been ensuring hot spots across the
333
00:24:58,770 --> 00:24:59,770
nation.
334
00:25:01,310 --> 00:25:04,390
But the party's about to come to an end.
335
00:25:09,670 --> 00:25:16,170
In May 2013, Delaware officials filed
papers in the state's Chancery Court.
336
00:25:16,730 --> 00:25:21,210
claiming that Indemnity Insurers
Corporation is in a precarious financial
337
00:25:21,210 --> 00:25:23,850
position due to multiple acts of fraud.
338
00:25:24,290 --> 00:25:30,670
In response, Judge James Travis Laster
grants an order allowing the seizure of
339
00:25:30,670 --> 00:25:32,230
Jeffrey Cohen's life work.
340
00:25:32,670 --> 00:25:38,310
They put the insurance company into
receivership because they found that,
341
00:25:38,390 --> 00:25:43,550
it wasn't being operated well, but
secondly, that it was not able to meet
342
00:25:43,550 --> 00:25:44,990
obligations to...
343
00:25:45,400 --> 00:25:51,680
It's insured and that it didn't have
enough funds to operate on a going
344
00:25:51,680 --> 00:25:52,680
basis.
345
00:25:53,000 --> 00:25:55,440
And so it couldn't continue.
346
00:25:57,680 --> 00:26:01,960
Approximately two months after the
seizure, the state moves to liquidate
347
00:26:01,960 --> 00:26:04,440
business that some refer to as Cohen's
baby.
348
00:26:05,180 --> 00:26:08,740
And he is, in his own words, kicked out
of indemnity.
349
00:26:10,480 --> 00:26:15,640
Cohen still asserts that at the time,
his company was financially healthy,
350
00:26:15,640 --> 00:26:20,380
it was not legally insolvent, and that
any problems his policyholders later
351
00:26:20,380 --> 00:26:24,840
faced were caused by the receiver who
took over, not by him.
352
00:26:25,520 --> 00:26:30,120
The Delaware Department of Insurance
declined to comment to American Greed.
353
00:26:30,660 --> 00:26:34,200
Mr. Cohen doesn't take well that the
company shut down.
354
00:26:34,420 --> 00:26:36,280
It's a company that he started himself.
355
00:26:37,050 --> 00:26:40,150
from the ground up, grew to a large
insurance company.
356
00:26:40,590 --> 00:26:45,530
According to Judge Laster, Cohen shuts
off indemnity's phone service and
357
00:26:45,530 --> 00:26:47,230
attempts to shut off his electricity.
358
00:26:47,790 --> 00:26:53,250
Judge Laster also finds that Cohen
violates numerous court orders,
359
00:26:53,250 --> 00:26:57,990
requiring him to return a company -owned
Mustang and an Aston Martin to the
360
00:26:57,990 --> 00:26:59,290
people now in charge.
361
00:26:59,790 --> 00:27:03,750
The Ford Mustang was parked directly in
front of the front doors of the office
362
00:27:03,750 --> 00:27:05,070
building, blocking the entrance.
363
00:27:05,600 --> 00:27:10,360
The Aston Martin was parked in the
parking lot, but in a fashion to block
364
00:27:10,360 --> 00:27:11,660
through the parking lot.
365
00:27:12,520 --> 00:27:15,640
But justice is coming for Jeffrey Cohen.
366
00:27:16,340 --> 00:27:22,060
In October 2013, attorneys working for
the state of Delaware bring what they've
367
00:27:22,060 --> 00:27:26,500
learned about Indemnity Insurance
Corporation to the U .S. Attorney's
368
00:27:26,500 --> 00:27:28,600
federal investigators in Baltimore.
369
00:27:29,370 --> 00:27:35,390
They had discovered that a bank
confirmation had been forged, and that
370
00:27:35,390 --> 00:27:40,530
$5 million, which is a significant
amount of money. They felt it was a
371
00:27:40,530 --> 00:27:42,810
financial fraud and that we should look
at it.
372
00:27:43,470 --> 00:27:48,570
Months later, agents search Cohen's
former offices, where they seize various
373
00:27:48,570 --> 00:27:54,110
records. Eventually, investigators find
that Cohen's fraud extends far beyond
374
00:27:54,110 --> 00:27:57,350
the misrepresentations first uncovered
in Delaware.
375
00:27:58,360 --> 00:28:02,760
It was obvious he was a very smart man.
And you could actually see it in the way
376
00:28:02,760 --> 00:28:03,980
he committed the fraud.
377
00:28:04,220 --> 00:28:10,900
He learned as he went what the different
regulators or auditors were looking for
378
00:28:10,900 --> 00:28:17,340
and how they would proceed. And he was
very energetic and he was on it, but he
379
00:28:17,340 --> 00:28:18,740
was clever in what he did.
380
00:28:19,220 --> 00:28:24,920
On June 24th, a grand jury indicts
Jeffrey Cohen on five counts of making
381
00:28:24,920 --> 00:28:26,540
statements to an insurance regulator.
382
00:28:27,450 --> 00:28:31,930
And the next day, agents come to Cohen's
home with an arrest warrant in hand.
383
00:28:32,450 --> 00:28:36,530
Our thought is that this is going to be
a search warrant for financial documents
384
00:28:36,530 --> 00:28:40,130
to documents that provided evidence of
the misstatements to the regulators.
385
00:28:41,130 --> 00:28:45,850
According to an FBI memo of his
interview with federal agents from that
386
00:28:45,990 --> 00:28:52,530
Cohen admits he booked a bank statement,
posed as bank employees to confirm
387
00:28:52,530 --> 00:28:54,230
various bank account balances,
388
00:28:55,150 --> 00:28:57,650
and says he faked it till I made it.
389
00:29:01,250 --> 00:29:06,850
Next. Until now, the case against Cohen
has seemed like many other frauds, but
390
00:29:06,850 --> 00:29:11,030
agents' chilling discoveries turn the
investigation upside down.
391
00:29:11,390 --> 00:29:14,990
One of the investigators who was
searching said, oh, you have to come see
392
00:29:14,990 --> 00:29:17,250
notebook. And I was like, well, what's
in the notebook?
393
00:29:17,570 --> 00:29:18,650
He's like, you have to come see.
394
00:29:19,370 --> 00:29:21,070
What has Cohen been planning?
395
00:29:21,610 --> 00:29:26,790
Inspect the strange items uncovered by
investigators at AmericanGreed .cnbc
396
00:29:26,790 --> 00:29:29,690
.com. Want inside information from the
show?
397
00:29:29,890 --> 00:29:31,770
Join the Greed social network.
398
00:29:32,190 --> 00:29:34,530
Like us on American Greed's Facebook
page.
399
00:29:34,930 --> 00:29:35,950
We'll be right back.
400
00:29:49,960 --> 00:29:54,400
As one group of agents talks to Jeffrey
Cohen about the fraud at Indemnity
401
00:29:54,400 --> 00:30:00,240
Insurance Corporation, or IIC, others
searches more than 8 ,000 square foot
402
00:30:00,240 --> 00:30:04,820
home, where they find much more than
just evidence of a nightclub insurance
403
00:30:04,820 --> 00:30:05,820
scam.
404
00:30:06,380 --> 00:30:11,180
One of the investigators who was
searching came up to myself and another
405
00:30:11,180 --> 00:30:14,040
agent and said, oh, you have to come see
this notebook.
406
00:30:14,380 --> 00:30:16,200
And I was like, well, what's in the
notebook?
407
00:30:16,520 --> 00:30:17,700
He's like, you have to come see.
408
00:30:18,940 --> 00:30:22,800
Inside a plain purple pad, two words
stick out.
409
00:30:23,780 --> 00:30:27,300
Targetless. NSA area, D .C. federal
building.
410
00:30:27,720 --> 00:30:31,840
Maryland government and judges, Delaware
folk, IIC folk.
411
00:30:32,360 --> 00:30:35,200
Always carry a loaded .45 for end.
412
00:30:35,480 --> 00:30:39,220
Have to carry at all times. Keep local
when anywhere.
413
00:30:39,720 --> 00:30:42,260
Avoid cameras on exit or wear disguise.
414
00:30:42,840 --> 00:30:47,700
As evidence in court will later show,
this is not their only discovery.
415
00:30:48,440 --> 00:30:53,820
In Cohen's Lexus, agents find a
contractor's clipboard containing
416
00:30:53,820 --> 00:30:58,220
on James Travis Laster, the Delaware
judge who permitted the liquidation of
417
00:30:58,220 --> 00:30:59,640
Cohen's company months earlier.
418
00:31:00,020 --> 00:31:05,180
It also contains maps with directions to
Laster's home and the home of
419
00:31:05,180 --> 00:31:08,000
Delaware's former insurance
commissioner, Matthew Den.
420
00:31:08,220 --> 00:31:11,520
And there's a page with another kind of
directions as well.
421
00:31:11,960 --> 00:31:15,180
These are how to make a thermite
firebomb.
422
00:31:15,980 --> 00:31:18,020
most useful in riot situations.
423
00:31:19,640 --> 00:31:23,340
As they continue their search, agents
find more.
424
00:31:23,700 --> 00:31:29,500
This is a tactical backpack that was
found in Mr. Cohen's residence, packed
425
00:31:29,500 --> 00:31:36,220
several wigs. Wig here, another wig
here, third wig here,
426
00:31:36,380 --> 00:31:41,000
a Smith & Wesson special ops knife, a
gas mask.
427
00:31:41,610 --> 00:31:47,130
Emergency bandage trauma wound dressing
for hemorrhage control. A military cap
428
00:31:47,130 --> 00:31:52,090
with a spike weapon that you can use to
put on the back of your head.
429
00:31:52,310 --> 00:31:56,410
One mask, another mask, another mask.
430
00:31:57,050 --> 00:31:58,050
Artificial mustache.
431
00:31:58,590 --> 00:32:02,530
We didn't understand why someone would
have this packed up right ago.
432
00:32:03,330 --> 00:32:07,410
Then, in Cohen's garage, agents make
another concerning discovery.
433
00:32:08,780 --> 00:32:12,180
A large black rifle with an unusual
scope.
434
00:32:12,700 --> 00:32:17,880
The rifle allows someone that's not that
experienced or maybe very inexperienced
435
00:32:17,880 --> 00:32:22,780
at shooting any type of firearm and
gives them the ability to be very
436
00:32:23,420 --> 00:32:27,960
Through that scope, they can look at
their target up to hundreds of yards
437
00:32:28,220 --> 00:32:32,540
and as long as they can hit that button
and tag it at some point, whenever the
438
00:32:32,540 --> 00:32:35,540
gun senses that it hit the target again,
it'll fire the gun.
439
00:32:39,660 --> 00:32:44,940
It's not the only weapon seized by
agents as they search Cohen's home and
440
00:32:44,940 --> 00:32:45,940
other location.
441
00:32:46,800 --> 00:32:50,560
On any search warrant, you don't know
what you're going to find when you go
442
00:32:50,560 --> 00:32:55,080
through those doors, but this was very
out of the ordinary.
443
00:32:55,920 --> 00:33:01,360
Agents have been asking Cohen about his
insurance scam, but now they have other
444
00:33:01,360 --> 00:33:06,060
questions. Cohen tries to assure them he
never meant harm to anyone.
445
00:33:06,830 --> 00:33:11,730
According to an FBI memorandum of his
interview from the day of his arrest, he
446
00:33:11,730 --> 00:33:16,790
explains his notebook by saying he was
writing a story about a guy who goes
447
00:33:16,790 --> 00:33:18,390
and then changes the world.
448
00:33:19,350 --> 00:33:24,830
The backpack, he says, represents his
interest in prepping, a .k .a. preparing
449
00:33:24,830 --> 00:33:26,390
for the end times.
450
00:33:26,990 --> 00:33:31,410
And he says he picked up the rifle
because he thought it was cool and
451
00:33:31,410 --> 00:33:33,910
he'd take it to Africa to hunt with it.
452
00:33:35,080 --> 00:33:39,760
He later says the wigs and mustache were
for a masculine Wonder Woman costume
453
00:33:39,760 --> 00:33:41,680
for a masquerade ball.
454
00:33:44,820 --> 00:33:48,460
Law enforcement officers and prosecutors
don't buy it.
455
00:33:48,720 --> 00:33:53,800
They arrest Cohen that day on charges
related to his insurance fraud, and the
456
00:33:53,800 --> 00:33:57,200
judge orders the detention of the former
insurance executive.
457
00:34:00,860 --> 00:34:02,580
Next on American Greed.
458
00:34:03,260 --> 00:34:07,140
Prosecutors present disturbing courtroom
evidence of what they call Cohen's
459
00:34:07,140 --> 00:34:11,460
dangerous attempts to intimidate, harm,
and kill others.
460
00:34:11,800 --> 00:34:14,320
He admitted he went to Delaware.
461
00:34:14,860 --> 00:34:20,679
That's well past taking notes in a
notebook for some screenplay or novel
462
00:34:20,679 --> 00:34:21,679
thinking of writing.
463
00:34:34,409 --> 00:34:39,190
After agents make a number of
discoveries at Jeffrey Cohen's home, he
464
00:34:39,190 --> 00:34:42,370
assure them that none of this is what it
looks like.
465
00:34:42,810 --> 00:34:47,030
But investigators piece together their
own timeline of Cohen's recent
466
00:34:47,030 --> 00:34:52,150
activities, a timeline which, according
to prosecutor Harry Gruber, indicates
467
00:34:52,150 --> 00:34:56,550
that Cohen was on the cusp of doing
something truly heinous.
468
00:34:57,030 --> 00:34:59,730
The investigation is what the
investigation is.
469
00:35:00,360 --> 00:35:05,480
I can't assume to know what exactly was
in Mr. Cohen's mind, but the particular
470
00:35:05,480 --> 00:35:11,420
fact that we put together appeared that
they all related to one another.
471
00:35:13,240 --> 00:35:18,160
According to the timeline and other
evidence presented in court, on the
472
00:35:18,160 --> 00:35:22,760
of June 4th, the former insurance
executive inquires about the purchase of
473
00:35:22,760 --> 00:35:28,100
rifle later found in his garage, saying
he's looking for something for this
474
00:35:28,100 --> 00:35:29,100
summer.
475
00:35:29,960 --> 00:35:34,660
Two days later, he purchases the domain
whyidedit .com.
476
00:35:35,580 --> 00:35:41,360
Cohen admits in court that on June 9th
and 10th, he emails himself the firebomb
477
00:35:41,360 --> 00:35:47,020
instructions later found inside his
Lexus SUV, and evidence shows that 50
478
00:35:47,020 --> 00:35:49,660
of ammonium nitrate are shipped to his
house.
479
00:35:50,280 --> 00:35:54,920
Ammonium nitrate is typically used for
fertilizer, but it was also one of the
480
00:35:54,920 --> 00:35:57,420
main ingredients in the Oklahoma City
bombing.
481
00:36:00,170 --> 00:36:07,070
On June 12th, Cohen's birthday, he picks
up his new $25 ,000 weapon, which in an
482
00:36:07,070 --> 00:36:11,890
email he says he will use for target
shooting and collecting, not hunting in
483
00:36:11,890 --> 00:36:15,570
Africa, calling it such a piece of
awesomeness.
484
00:36:16,530 --> 00:36:21,330
A couple of days after purchasing the
rifle, Mr. Cohen goes to a shooting
485
00:36:21,550 --> 00:36:26,030
We actually were able to extract or
download the memory from that scope.
486
00:36:26,990 --> 00:36:29,850
which showed what Mr. Cohen was doing
with the rifle.
487
00:36:30,210 --> 00:36:35,990
Shots of him at the shooting range,
shooting human silhouettes from up to
488
00:36:35,990 --> 00:36:36,990
yards away.
489
00:36:40,030 --> 00:36:46,910
Over the next few days, Cohen purchases
fuses, incendiary ammo, and a $3 ,500
490
00:36:46,910 --> 00:36:48,550
night vision monocular.
491
00:36:49,290 --> 00:36:53,790
He updates his will and cashes out a
quarter -million -dollar life insurance
492
00:36:53,790 --> 00:36:54,790
policy.
493
00:36:55,290 --> 00:37:00,750
Then, on June 19th, evidence presented
in court shows that he begins a series
494
00:37:00,750 --> 00:37:04,990
Internet searches related to bombs and
to people with whom he's butted heads in
495
00:37:04,990 --> 00:37:05,990
the past.
496
00:37:07,150 --> 00:37:12,490
Investigators testify that the next day,
June 20th, Cohen prints out maps to the
497
00:37:12,490 --> 00:37:17,350
homes of Judge James Travis Laster and
Delaware's former insurance
498
00:37:17,570 --> 00:37:18,570
Matthew Den.
499
00:37:19,290 --> 00:37:23,510
Cohen later admits that the same day, he
takes a trip north.
500
00:37:24,080 --> 00:37:27,600
recording his thoughts on a new audio
recorder as he goes.
501
00:37:28,120 --> 00:37:34,240
It's pretty surreal considering I'm
driving to Delaware right now to scout
502
00:37:34,240 --> 00:37:38,260
how I can attack Dan and Laster.
503
00:37:39,260 --> 00:37:43,700
Hearing him on the road driving to
Delaware, you can picture him in this
504
00:37:43,900 --> 00:37:48,020
He talks about reasons for killing,
about being calm.
505
00:37:48,300 --> 00:37:49,300
I'm not crazy.
506
00:37:49,440 --> 00:37:51,600
I'm perfectly calm.
507
00:37:52,250 --> 00:37:56,770
I methodically planned this little recon
scenario out.
508
00:37:57,070 --> 00:38:01,210
That, coupled with the evidence we had
seen about the target list, the
509
00:38:01,210 --> 00:38:03,030
directions to these homes.
510
00:38:03,330 --> 00:38:05,590
I don't think anybody would ever
understand.
511
00:38:06,010 --> 00:38:11,870
It was very eerie to hear that. How
someone can do something that others
512
00:38:11,870 --> 00:38:18,050
is so horrific, but it seemed completely
normal to the person committing the
513
00:38:18,050 --> 00:38:19,050
act, I guess.
514
00:38:22,440 --> 00:38:27,500
Cohen will later claim these audio
recordings were kind of like a creative
515
00:38:27,500 --> 00:38:28,500
writing assignment.
516
00:38:29,160 --> 00:38:34,260
He claims he went to Dan's house not to
attack him, but to research a political
517
00:38:34,260 --> 00:38:39,220
attack ad about him in a race against
Cohen's lawyer to become Delaware's
518
00:38:39,220 --> 00:38:40,220
attorney general.
519
00:38:40,660 --> 00:38:46,220
He says he visited Laster's home to
obtain information he needs to serve him
520
00:38:46,220 --> 00:38:47,220
with a lawsuit.
521
00:38:47,660 --> 00:38:52,470
And Cohen will also argue at sentencing,
that the explosive materials were for a
522
00:38:52,470 --> 00:38:56,690
hydro generator and a flame -spitting
guitar he was building.
523
00:38:58,690 --> 00:39:03,110
But the feds argue in court that the
evidence points elsewhere.
524
00:39:03,650 --> 00:39:07,930
So this just all put together painted a
pretty troubling picture of what Mr.
525
00:39:08,050 --> 00:39:10,130
Cohen may have intended to do in the
very near future.
526
00:39:11,530 --> 00:39:15,290
Cohen is arrested just five days after
his trip to Delaware.
527
00:39:18,890 --> 00:39:24,230
When he goes to trial at the federal
courthouse in Baltimore in June 2015,
528
00:39:24,230 --> 00:39:25,290
represents himself.
529
00:39:26,950 --> 00:39:31,330
Though he admits in his opening argument
that he misrepresented some of the
530
00:39:31,330 --> 00:39:36,310
financials, he says he did so because he
thought it would help make him look
531
00:39:36,310 --> 00:39:38,910
bigger if he sold his company or went
public.
532
00:39:39,990 --> 00:39:44,230
Four days into the trial, Cohen pleads
guilty to charges of wire fraud,
533
00:39:44,570 --> 00:39:49,900
aggravated identity theft, making a
false statement to a regulator and
534
00:39:49,900 --> 00:39:51,220
obstruction of justice.
535
00:39:51,660 --> 00:39:58,340
Then, in December 2015, a judge
sentences him to 37 years in prison
536
00:39:58,340 --> 00:40:02,920
and orders him to pay $137 million in
restitution.
537
00:40:03,200 --> 00:40:08,280
This loss amount, determined by the
judge, equals the premiums that
538
00:40:08,280 --> 00:40:13,980
say indemnity collected through fraud
minus the claims they say Cohen's
539
00:40:13,980 --> 00:40:14,980
paid out.
540
00:40:15,340 --> 00:40:20,780
Cohen, who says his company actually
paid over $40 million in claims, has
541
00:40:20,780 --> 00:40:26,260
protested the $137 million loss amount,
which is the main factor in determining
542
00:40:26,260 --> 00:40:27,920
his nearly four -decade sentence.
543
00:40:28,500 --> 00:40:32,480
Though he does not plead guilty to any
charges related to what prosecutors call
544
00:40:32,480 --> 00:40:37,820
his attempts to kill and use physical
force against others, the judge says
545
00:40:37,820 --> 00:40:43,440
probable that Cohen meant to harm Den,
Laster, and two lawyers working for
546
00:40:43,440 --> 00:40:44,440
Delaware.
547
00:40:44,560 --> 00:40:50,600
As of 2017, Cohen called the assertion
he intended harm completely ridiculous,
548
00:40:51,060 --> 00:40:54,920
borderline fraudulent, and at a minimum,
frivolous.
549
00:40:56,560 --> 00:41:01,720
But to people like attorney Andrew
Cohen, who testifies the FBI told him
550
00:41:01,720 --> 00:41:05,580
was keeping tabs on him, the fear is no
less real.
551
00:41:06,100 --> 00:41:07,380
It was very disturbing.
552
00:41:07,600 --> 00:41:09,960
At the time, my children were young.
553
00:41:10,460 --> 00:41:16,360
And I have a wife, I have a family, and
I realized then that my
554
00:41:16,360 --> 00:41:21,080
personal safety and the safety of my
family may very well have been in
555
00:41:21,300 --> 00:41:25,900
As we litigated this case and
experienced some of the tactics that
556
00:41:25,900 --> 00:41:29,440
to bear, we speculated about where this
might go someday.
557
00:41:29,880 --> 00:41:35,180
But we never in our wildest dreams
thought that it could end up where
558
00:41:35,180 --> 00:41:36,180
it did.
559
00:41:37,420 --> 00:41:41,780
Cohen continues to litigate matters in
Delaware related to the seizure and
560
00:41:41,780 --> 00:41:46,580
liquidation of his company, to file
lawsuits against various parties, and to
561
00:41:46,580 --> 00:41:51,400
fight his case, including the recent
filing of a motion to vacate his
562
00:41:52,600 --> 00:41:57,480
Despite repeated requests, Cohen
declined to answer questions for this
563
00:41:57,480 --> 00:41:58,500
of American Greed.
564
00:42:03,520 --> 00:42:08,940
Even after pleading guilty, Cohen
maintained that no one lost any money
565
00:42:08,940 --> 00:42:12,680
of his deceit and that no policyholder
was harmed.
566
00:42:13,000 --> 00:42:15,540
Not everyone agrees with this sentiment.
567
00:42:16,060 --> 00:42:20,580
There are a large number of
policyholders. They were paying for an
568
00:42:20,580 --> 00:42:21,840
insurance company.
569
00:42:22,160 --> 00:42:24,780
That rating was based on fraud.
570
00:42:25,160 --> 00:42:30,360
They were paying for a company that had
the money to pay out claims if they
571
00:42:30,360 --> 00:42:33,140
arose. That money in surplus was not
there.
572
00:42:34,080 --> 00:42:38,200
Ultimately, when the company was shut
down because of his fraud and because of
573
00:42:38,200 --> 00:42:42,080
his lack of financial wherewithal, these
policyholders were left without an
574
00:42:42,080 --> 00:42:43,080
insurance policy.
53114
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