U.S. DISTRICT COURT

UNITED STATES DISTRICT COURT DISTRICT DF N .H .

DISTRICT OF NEW HAMPSHIRE r ;~r F~

UNITED STATES OF AMERICA P 3: 53

V . Cr . No . 09-CR-Sf

JERRY VITO MARINO

INFORMATION

THE UNITED STATES ATTORNEY charges that at all times

relevant to this Information :

1 . The face value of a high value life insurance policy

("high value policy") was between $5 million and $10 million . To

qualify for a high value policy an applicant for the policy must,

among other things, be at least 70 years old and have a personal

financial net worth that is at least equal to the face value of the

policy he intends to purchase . To maintain a high value policy, an

insured must pay premiums to an insurance company that total

several hundred thousand dollars each year .

2 . Balcarres, LLC ("Balcarres"), was an insurance agency

located in Manchester, New Hampshire . Balcarres' sold high value

policies for Phoenix Life Insurance Company, AXA Insurance Company

and Penn Life Insurance Company ("the insurance companies") .

3 . When a customer of Balcarres purchased a high value

policy, the insurance company that issued the policy paid an upfront commission to Balcarres that was equal to more than 100% of

the premium for the first year of the policy .

Case 1:09-cr-00054-PB Document 1 Filed 03/05/09 Page 1 of 4
4 . In 2006, Balcarres' owner, Colin P . Lindsey, agreed to

pay a fee to the 450 Fourth Avenue Revocable Trust, each time its

trustee, JERRY VITO MARINO, identified a person who purchased a

high value policy from one of the insurance companies through

Balcarres . To earn this fee, MARINO was required to submit

information to Lindsey to demonstrate that an applicant for a high

value policy had a personal financial net worth that was at least

equal to the face value of the policy he or she wished to purchase .

Mail Fraud - 18 U .S .C . 8134 1

5 . From in and around October 2006 to in and around October

2007, in the District of New Hampshire and elsewhere, the

defendant,

JERRY VITO MARINO ,

knowingly and willfully engaged in a scheme and artifice, devised

by Lindsey, to obtain money from the insurance companies by means

of false and fraudulent pretenses, representations and promises

and, for the purpose of executing the scheme, caused mail matter to

be delivered according to the directions thereon by the United

States Postal Service, in violation of 18 U .S .C . §1341 .

6 . It was part of the scheme and artifice that from in and

around October 2006 to in and around October 2007 :

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Case 1:09-cr-00054-PB Document 1 Filed 03/05/09 Page 2 of 4
a . MARINO knowingly caused personal financial

statements and other documents to be delivered by the

United States Postal Service to Lindsey that falsely and

fraudulently exaggerated the personal financial net worth

of people who submitted applications for high value

policies to the insurance companies, through Balcarres ;

b . Lindsey knowingly caused the false and

fraudulent personal financial statements, other documents

he received from MARINO and applications for policies to

be submitted to the insurance companies ; and

c . The insurance companies relied on the false and

fraudulent information that was provided to them by

MARINO and Lindsey to approve fourteen high value

policies, which resulted in commission payments to

Balcarres that totaled approximately $6 .5 million and

payments from Balcarres to the 450 Fourth Avenue

Revocable Trust and applicants for the insurance policies

that totaled approximately $2 .75 million ;

All in violation of Title 18, United States Code, Sectio n

1341 .

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Case 1:09-cr-00054-PB Document 1 Filed 03/05/09 Page 3 of 4
Dated : March 5, 2009

THOMAS P . COLANTUONO

United States Attorney

By : • ~D I

,

,

r lN . )~o11 L

Robert M . Kinsella

Assistant United States Attorney

t(i4&tL- Elizabeth J . Baker

Special Assistant United States Attorne y

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