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Erie Indemnity Company Investigation Hub

From Project Expose


Project Expose is dedicated to achieving transparency and accountability within the insurance and healthcare industries through data-driven analysis and strategic action. This Investigation Hub serves as the central public dossier for Kentucky Workers' Compensation Claim # A00005037890, involving Claimant Ryan Green ("uid0") and Erie Indemnity Company (NASDAQ: ERIE).

The documented evidence compiled suggests a systemic pattern of misconduct encompassing alleged insurance bad faith, extensive regulatory violations (HIPAA, ADA, SEC, State Insurance Codes), critical ethical breaches by legal counsel, potential federal criminal activity (RICO predicates, Fraud, Obstruction), and complicity reaching senior leadership levels at Erie Insurance.

This case study serves as an initial blueprint and demonstration for Project Expose's methodology in dissecting and exposing alleged systemic injustice perpetrated by corporate entities.

Subject Entity Profile: Erie Indemnity Company (ERIE)

  • Company Name: Erie Indemnity Company
  • Stock Ticker: NASDAQ: ERIE
  • Business Description: Publicly traded insurance holding company (domiciled in Pennsylvania) providing services to Erie Insurance Exchange; multi-line insurer.
  • States of Operation (Relevant to Case): Pennsylvania (HQ), Kentucky (Claim Jurisdiction), Tennessee (Claimant Residence/Treatment), North Carolina (Adjuster Licensed), Washington, Illinois, Florida, Georgia (States where care recommendations/vendors originated). Operates in approx. 12 states total.
  • Size: Approx. 6,801 Employees (Source: ERIE Website / Public Filings Apr 2025 - Verification Needed)
  • Financials:
    • Market Capitalization: $18.921B (intraday, Apr 25, 2025). Note: Subject to significant fluctuation; focus on share price movement.
    • Stock Performance: Regular session closed at $361.85 (-$46.88, -11.47% from previous close of $408.73) at 4:00:02 PM EDT on Apr 25, 2025. After-hours trading showed recovery to $368.83 (+$6.98, +1.93%) as of 5:08:50 PM EDT. Trading details:
      • Day's Range: $350.61 - $387.22
      • 52 Week Range: $345.09 - $547.00
      • Volume: 325,833 (vs Avg. Volume: 164,920)
      • Open: $380.27
      • Bid/Ask: $337.10 x 200 / $393.53 x 200

This volatile trading period aligns with leadership's alleged possession and non-disclosure of material information detailed herein. (Ref: User-Provided ERIE Stock Charts Apr 25 2025 / Live ERIE Chart)

    • Key Financial Metrics: (As of Apr 24, 2025)
      • P/E Ratio (TTM): 31.49
      • EPS (TTM): $11.49
      • Forward Dividend & Yield: $5.46 (1.34%)
      • Ex-Dividend Date: Apr 7, 2025
      • Next Earnings Date: Jul 23, 2025 - Jul 28, 2025
    • Financial Strength Rating: Historically A+ (Superior) from A.M. Best (Note: Subject to change based on outcome of investigations detailed herein).
  • SEC Oversight & Filings: Erie Indemnity Company EDGAR Page
    • Key Finding - Lack of Required Disclosure in Filings: After receiving formal notice of material risks on Feb 25, 2025, Erie filed multiple significant SEC documents without disclosing the risks:
      • Feb 27, 2025: Filed Form 10-K and Form 8-K
      • Feb 28, 2025: Filed Forms S-8 and S-8 POS
      • Mar 21, 2025: Filed DEF 14C and Annual Report to Shareholders (ARS)
      • Apr 24, 2025: Filed Form 10-Q and Form 8-K regarding Q1 earnings, still omitting required disclosures despite being filed after the earnings call where material risks remained undisclosed
    • Key Finding - Earnings Call Non-Disclosure: Erie leadership proceeded with Apr 24, 2025 earnings call without disclosing known material risks/events, followed by filing an 8-K and 10-Q that same day that also omitted these disclosures, likely constituting multiple violations (Reg FD, Rule 10b-5, SOX certifications).
    • Key Insider Trading Window Concerns (Form 4): Documented concentrated pattern of Form 4 filings *after* receipt of material non-public information on Feb 25, 2025:
      • Apr 24, 2025 (Day of Earnings Call):
        • Executive Officers: NeCastro (CEO), Pelkowski (CFO), Shine (EVP), Srinivasa (EVP), Novacek
      • Apr 23, 2025:
        • Board Members: Borneman, Hagen (Vice Chair), Palmer, Lucore, Datesh, Hudson, Hartz, Connell, Vorsheck
        • Executive Officers: Cook (EVP), Bolash (GC)
      • Apr 22, 2025:
        • Board Members: Borneman, Hagen, Correnti, Vorsheck, Connell
      • Apr 1, 2025:
        • Executive Officers: Shine, Dabreo, Smith, Pelkowski (CFO), Cook
      • Mar 17, 2025:
        • Executive Officers: Novacek, Bolash (GC), Dugan
      • Mar 3, 2025:
        • Executive Officers: Smith, Pelkowski (CFO), Cook, Shine, Dabreo

The timing, concentration, and volume of these transactions during the period between receipt of material information (Feb 25) and public disclosure merit particular regulatory scrutiny, especially given the subsequent market reaction. While some transactions may have been pre-scheduled, the failure to modify or halt trading plans after receipt of material information raises additional concerns. (Ref: ERIE SEC Filings Log Summary, Erie IR Filings Feb-Apr 2025)

    • Other Relevant Filings: DEF 14C/ARS (Mar 21, 2025). (Ref: ERIE_DEF14C_Mar21_2025.pdf), (Ref: ERIE_ARS_Mar21_2025.pdf)
  • Stated Values vs. Alleged Conduct: Erie promotes "Above all in Service" and "common sense mixed with just plain decency." Documented allegations contravene these principles. Erie temporarily removed Governance resource pages (Code of Conduct, Committee Charters) from its website following claimant inquiries citing these documents, though these pages were later restored. Archived versions of both the removal period and restoration captured. (Ref: Wayback_Machine_Governance_Links / Erie_Website_Changes_Analysis / Website_Restoration_Documentation)
  • Top Institutional Shareholders: The Vanguard Group, BlackRock Inc., State Street Corp., Geode Capital Management LLC, FMR LLC. (Source: Public financial data, Apr 2025 - verify required)

Case Synopsis: Claim A00005037890 (Ryan Green)

  • Claimant: Ryan Green ("uid0") (See: Ryan Green Dossier Link)
  • Claim Number: A00005037890
  • Jurisdiction: Kentucky Workers' Compensation (KRS Ch 342)
  • Date of Injury: June 2, 2023
  • Injury Summary: Catastrophic multi-system trauma following work vehicle impacted at full speed by train. Includes: Femur non-union (femur in 3 pieces for 21 months), severe systemic osteomyelitis confirmed (21+ mos duration due to alleged care delays), Traumatic Brain Injury (TBI). Requires multiple future surgeries (est. 5+ over 2+ years), long-term IV antibiotics (PICC line), potential amputation risk. Discharge from rehab Apr 10, 2025.
  • Co-morbidities: Diagnosed Major Depressive Disorder, Panic Disorder, PTSD, and ADD diagnoses, with documented exacerbation of symptoms including night terrors, dissociation, and a suicide attempt requiring EMS response linked to claim stress/denials. Documented need for service animal (Maverick, care denied).
  • Claimant Status (Relevant Period): Disabled, treated in post-acute rehabilitation facilities (Jan 30 - Apr 10 2025). Discharged to Outpatient Apr 10, 2025.
  • Duration: 20+ Months of alleged mishandling (as of April 25, 2025).
  • Summary of Allegations: (Ref: Allegations Overview A00005037890 Link) Systemic Pattern of Misconduct including:
    • Insurance Bad Faith (Unfair Claims Settlement Practices - KRS 304.12-230)
    • Violations of KY Workers' Compensation Law (KRS Chapter 342) including Failure to Provide Necessary Medical Care (KRS 342.020 - incl Mental Health recommended by 3 psychiatrists across 3 states, Orthopedic leading to Osteomyelitis, Service Dog, PT)
    • Violations of the Health Insurance Portability and Accountability Act (HIPAA, 45 CFR 164) - including failure to honor revocation.
    • Violations of the Americans with Disabilities Act (ADA) - Service animal interference, discriminatory communication demands.
    • Retaliation against Claimant for asserting rights (TTD Termination - Admitted).
    • Numerous Ethical Breaches by multiple retained Legal Counsel (KY SCR 3.130, PA/OH Rules - incl. Conflicts of Interest).
    • Violations of Federal Securities Laws (SEC Regulation FD, SEC Rule 10b-5, SOX 302/404) regarding disclosure & internal controls (Culminating in Apr 24 Earnings Call Non-Disclosure).
    • Potential Federal Criminal Conduct including RICO Act predicates (18 U.S.C. § 1962 - RICO), Mail/Wire Fraud (18 U.S.C. § 1341/1343), Healthcare Fraud (18 U.S.C. § 1347), False Statements (18 U.S.C. § 1035), Obstruction of Justice (18 U.S.C. § 1512/1519), Criminal HIPAA (42 USC § 1320d-6), Conspiracy (18 U.S.C. § 371).
    • Potential CFAA Violation (18 U.S.C. § 1030) & Extortion (18 U.S.C. § 1951) involvement via Insured (Ballard Plumbing).
    • Leadership Complicity, Ratification, and Failure of Oversight (Board, CEO, CFO, GC, SVP Law).
  • (Ref: Violation Matrix A00005037890 Link)

Chronological Evidence Log & Timeline

(Detailed timeline with links/references to specific evidence exhibits)

  • (Ref: A00005037890 Detailed Timeline Link)
  • Key Periods Summary:
    • Jun 2023 - Feb 2025: Initial Claim Handling, Alleged Denials (Psych, Neuro, Ortho leading to Osteomyelitis), NCM Turnover (7 NCMs changes), failure to coordinate PT. (Ref: Evidence Section A)
    • June 1, 2024: Documented suicide attempt requiring EMS response, communicated to Berriman via girlfriend. Claimant terminates legal representation following incident. (Ref: Suicide Attempt Documentation, Legal Termination Notice)
    • Feb 7-21, 2025: Service Dog Denial, Improper UR Submission/Mischaracterization, Counsel Misrepresentation (Berriman identifies Ellison as Erie Counsel), Emergence of Ellison Conflict, Initial Document Requests, ADA Violations (Training Inquiry), TTD Cessation/Admission. (Ref: Evidence Section B - Exhibits E1-E28, Texts Feb, UR Docs, DrMoncier Letter Feb10)
    • Feb 24-Mar 26, 2025: Escalations to Erie Supervisors/Management (Miller, Ward), Documented Non-Response/Refusal to Act, Escalation re: "Karen" @ Ascension (PHI Disclosures/Exclusion), Erie Leadership (Execs) put on Explicit Notice via comprehensive email detailing violations (Feb 25, Cced D. Temple-Raston). (Ref: Evidence Section C - Exhibits E29-E32, M1-M4)
    • Mar 27-Apr 10, 2025: Formal PHI Revocation Issued & Distributed; Catastrophic Risk Notice ($16B-$38B+ exposure, RICO, SEC, Criminality) & Security Breach Advisory (Demonstrated Internal Network Access) sent to Board/Execs; Related Insider Form 4 Filings (Apr 1); Nealon SVP Law confirms file review & Directs Provider Collaboration with Revoked Agent (Berriman) using alt email (Apr 2); Erie Retains CBM; CBM issues flawed/unlawful C&D demanding Mail-Only/Berriman Contact (dated Apr 3); Provider Chaos; Kaysinger/Genex Recusal (Apr 9); Claimant Discharged Apr 10 without coordinated outpatient transportation. (Ref: Evidence Section D - Exhibits N1-N5, O1-O10, P1-P8, Q1, SEC Filings Log, Stock Data, C&D Letter, Nealon Email Apr2)
    • Apr 18, 2025: Claimant issues comprehensive Rejection of CBM C&D Letter & Demand for Immediate Compliance (Apr 18) via alt email to ALL parties, highlighting Boggs spousal conflict & demanding answers/action w/ 24hr deadline. F. Berriman emails providers individually (Apr 18, copying ONLY Ellison) misrepresenting facts/law, potential UPL. M. Boggs confirmed departed Fowler Bell. Erie/CBM fail 24hr compliance demand. Erie website governance pages removed (captured via Wayback). (Ref: Evidence Section E - Exhibits R1-R7, Boggs Auto-Responder, CBM_Response_Apr24_2025.eml, Earnings Call Info TBD, Wayback Links)
    • April 24, 2025: CBM issues inadequate response to claimant's April 18 rejection, ignoring spousal conflict, failing to address specific concerns, and repeating false HIPAA interpretation. Erie holds Apr 24 earnings report/prerecorded call without required disclosure.(Ref: CBM_Response_Apr24_2025.eml, Berriman Provider Emails)

Implicated Parties Index

(Each entry summarizes the party's role and key alleged actions, linking conceptually to evidence sections)

  • Erie Insurance Personnel:
    • Frederick Scott Berriman (Sr Claims Adjuster): Bad faith denials/delays (incl. response to suicide attempt notification), counsel misrepresentation, retaliation admission, HIPAA violations (incl. post-revocation acts & solicitation Apr 18), ADA violation, potential Unauthorized Practice of Law (UPL) via misrepresentation/interpretation of law (HIPAA, KRS - potential UPL under KRS 524.130) to providers Apr 18, improper coordination/CC (Ellison Apr 18), non-response to direct inquiries since Apr 3. (Ref: Evidence Sections B, C, D, E, Apr 18 Emails)
    • Anita Miller (Claims Supervisor): Failure to supervise/intervene (incl. post-suicide attempt notification), ratification of Berriman's misconduct. (Ref: Evidence Section C, E)
    • Lisa Ward (Regional Claims Manager): Failure to respond to escalation, failure of oversight allowing violations. (Ref: Evidence Section C, E)
    • James G. Nealon III, Esq. (SVP Law): Knowing facilitation of HIPAA violation post-revocation (Apr 2 Directive), obstruction attempt, failure to ensure compliance/report, ratification of Berriman's misconduct by confirming file review and directing continued contact despite documented violations. (Ref: Evidence Section D, E5)
    • Brian W. Bolash, Esq. (EVP, General Counsel): Leadership notice/inaction, potential failure to ensure compliance/report (Ellison, Nealon, Berriman, CBM), potential SEC oversight failures (non-disclosure), negligent failure re CBM conflict check/retention, ratification of Berriman's misconduct by failing to act on documented violations. (Ref: Evidence Sections C, D, E)
    • Timothy G. NeCastro (President & CEO): Leadership notice/inaction, ultimate responsibility for compliance/ethics/disclosure; potential false SOX certification post-Apr 24 earnings call, ratification of Berriman's misconduct by failing to act on documented violations. (Ref: Evidence Sections C, D, E)
    • Julie Marie Pelkowski, CPA (EVP & CFO): Responsibility for financial reporting/controls/disclosure; potential false SOX certification post-Apr 24 earnings call; failure to act on notice, ratification of Berriman's misconduct by failing to act on documented violations. (Ref: Evidence Sections C, D, E)
    • Erie Board of Directors (Collective & Individuals List Below): Receipt of notice, failure of oversight regarding systemic misconduct, risk management, compliance (HIPAA/SEC/Ethics/Conflicts), potential breach of fiduciary duty, ratification of Berriman's misconduct by failing to act on documented violations. (Ref: Evidence Sections C, D, E)
      • Thomas B. Hagen (Chairman), Jonathan Hirt Hagen, J.D. (Vice Chairman), J. Ralph Borneman Jr., Eugene C. Connell, Salvatore Correnti, LuAnn Datesh, Esq., C. Scott Hartz, CPA, Brian A. Hudson, Sr., CPA, George R. Lucore, Thomas W. Palmer, Esq., Elizabeth Hirt Vorsheck.
    • _Other Implicated Executives_ (Sean Dugan CPCU, Douglas E. Smith CPCU FCAS MAAA, Partha Srinivasa, Cody Cook CPCU, Sarah Shine CPCU): Receipt of notice, failure to act/report within scope of duties. (Ref: Evidence Sections C, D, E)
    • _Other Implicated Counsel_ (Bridget Schoenig Esq., Bruce Decker Jr. Esq.): Receipt of notice, potential failure to report. (Noticed Apr 2, 4, 18)
  • Contracted Vendors:
    • Genex Services (Lisa Kaysinger R.N.): Alleged gaslighting, delay/denial facilitation, HIPAA violations, eventual recusal Apr 9. UR process issues, potential delays. (Noticed Feb 25)
    • Allegiant Managed Care: Catherine Shaw R.N., NCM turnover impact - 6 Case manager changes,
  • Prior Erie Counsel (for Ballard):
    • Johanna Ellison, Esq.: Conflict of interest, misrepresentation of role (falsely claiming to be Erie's attorney when she was not), improper PHI receipt/handling (including Apr 18 CC), failure to produce documents, coordination w/ Berriman, ethical breaches (KY SCR 3.130), potential failure to report others. (Noticed Feb 25, Apr 3, Apr 18)
    • 'Fowler Bell PLLC' (Partners: Taft A. McKinstry, Matthew D. Ellison, Christopher G. Colson, Robert C. Welleford, et al. Associates/Of Counsel: Teresa T. Combs, Matthew I. Boggs (Departed ~Apr 19), Jacob P. Buerger): Failure to supervise Ellison, failure to remediate, failure to identify/address conflict, potential failure to meet mandatory reporting duties (Ellison, Nealon, CBM). (Noticed Feb 25, Apr 3, Apr 18)
  • Current Erie Counsel:
    • Sara E. Boggs, Esq.: Issuance of flawed/unlawful C&D (ADA violation, HIPAA facilitation, obstruction), operating under undisclosed/disqualifying spousal conflict of interest involving M. Boggs (formerly Fowler Bell), potential ethical breaches (KY/PA Rule 1.7, 8.4, 1.2d, 8.3), issuance of inadequate/evasive response Apr 24, ratification of Berriman's misconduct by failing to address documented violations in CBM response. (Noticed Apr 18)
    • 'Casey Bailey & Maines PLLC' (Attorneys listed on letterhead, incl. F. Allon Bailey): Firm liability for flawed C&D, imputed conflict of interest, mandatory duty to report prior counsel/Erie personnel, issuance of inadequate response Apr 24 reinforcing bad faith/non-compliance/ignoring conflict, ratification of Berriman's misconduct by failing to address documented violations in firm response. (Noticed Apr 18, CBM Response Apr 24)
  • Insured & Related Parties:
    • Ballard Plumbing Service LLC / Josh Ballard (Employer): Alleged extortion linking WC to domain dispute ("im being told"), admitted CFAA attempt ("They instructed us"), alleged defamation. Believed incriminating evidence was deleted (honeypot confirmed). (Ref: Ballard Texts B3, B4, B8, F14.3)
    • Lauren Ballard: Potential involvement in CFAA/obstruction (deleting email). (Ref: B3, B6, B7, B9, B10)
    • Jay Matheny / Denton Law Firm: Representing Ballard in parallel IP suit during period of alleged conflict/extortion. Believed incriminating evidence was deleted. (Ref: B3, B6, B7, B9, B10)
  • Affected Providers (Documented):
    • Tanitha Moncier APRN / New Day Behavioral Health: Treating psychiatrist; referrals/orders ignored/delayed; CC'd on key Claimant comms; Communicated directly with S. Boggs post-revocation.
    • McKendree / Hill Valley (Silcott, Melchior, Nash): Rehab facility; payment delays; recipient of Nealon directive; recipient of Berriman Apr 18 email; documented need for authorized contact.
    • TOA (Kelsey Bateson): Outpatient provider; recipient of Berriman Apr 18 email; required coordination assistance post-discharge.
    • AFC Smyrna: Recipient of Berriman Apr 18 email.
    • Ascension St. Thomas ("Karen"): Prior Hospital CM - alleged HIPAA violations, patient rights violations, discharge planning failures.
    • Adam J. Connell MD / Massac Memorial Hospital: Treating psychiatrist; referrals/orders ignored/delayed;
    • Goodworks Occupational Medicine Spokane: Treating psychiatrist/PCP; referrals/orders ignored/delayed;

Key Evidence Categories & Areas of Investigation

(This section expands on the core types of evidence, integrating details previously listed separately. Full granularity remains in linked Master Files & Exhibits.)

  • A. Denial of Care & Medical Evidence: Systematic denial/delay of necessary medical treatment, exacerbating injuries.
    • Osteomyelitis Progression: Documented 15+ month delay in adequate orthopedic care leading to confirmed severe systemic osteomyelitis, requiring long-term IV antibiotics and multiple future surgeries. (Ref: Medical Timeline, Ortho Records, Dr. Moncier Reports)
    • Mental Health Neglect: Failure to provide recommended treatment by three psychiatrists across three states (Kentucky, Tennessee, Washington) despite documented MDD, Panic Disorder, PTSD, and ADD diagnoses, with documented exacerbation of symptoms including night terrors, dissociation, and a suicide attempt requiring EMS response linked to claim stress/denials. (Ref: Psych Referrals/Denials, Suicide Attempt Documentation, E13, E19)
    • Service Dog Interference: Improper denial/delay of medically necessary service animal (Maverick) care; includes ADA non-compliant inquiries and documented need for emotional support. (Ref: Evidence Section B, E8, E9, E15, F1, F2)
    • Failed Referrals & Coordination: Documented failures in coordinating PT for 15+ months, neurological consults, and specialist care, resulting in treatment delays and complications. (Ref: Evidence Section A, Referral Logs)
    • (Ref: Master File - Medical Records & Timeline)
  • B. Bad Faith Communications & Correspondence: Pattern of misrepresentation, evasion, and failure to communicate reasonably.
    • Adjuster Misconduct (Berriman): Misrepresentation of counsel role (Feb 10), admission of retaliatory TTD termination (Feb 18), misrepresentation of authority post-revocation (Apr 3, 8, 18), misrepresentation/interpretation of law (HIPAA, KRS - potential UPL under KRS 524.130) and claimant instructions to providers (Apr 18), failure to respond to direct inquiries since Apr 3, improper coordination/CC of Ellison in provider communications (Apr 18). (Ref: Evidence Sections B, E, E7, E14, Apr 3/8/18 Emails)
    • Leadership Silence/Ratification: Documented non-response from Supervisors (Miller, Ward) and Leadership (NeCastro, Bolash, etc.) to escalations, including post-suicide attempt notification (Jun 1, 2024) and subsequent follow-ups, failure to act on documented violations. (Ref: Evidence Section C, E)
    • Obstructive Legal Communications: Flawed/unlawful C&D letter from CBM (Apr 3); evasive/non-responsive communications from Ellison (Apr 3) and CBM (Apr 24); improper demands for mail-only communication, failure to address specific concerns. (Ref: Evidence Section D, E, C&D Letter, CBM_Response_Apr24_2025.eml)
    • (Ref: Master File - Correspondence Archive & Timeline)
  • C. HIPAA & ADA Violations: Pervasive disregard for health privacy and disability rights.
    • Impermissible PHI Access/Disclosure: Ellison's improper access/receipt (Feb 10-Apr 18); Kaysinger's disclosures (Nov 2024, Mar 21); "Karen" @ Ascension disclosures; Nealon's Apr 2 directive facilitating post-revocation access; Berriman's post-revocation access/solicitation/disclosures (Apr 1-18), including continued communications with providers. (Ref: Evidence Sections B, C, D, E, HIPAA Category, Apr 2 Email, Apr 18 Emails)
    • Failure to Honor Revocation: Documented actions by Berriman, Nealon, and CBM disregarding formal PHI revocation after Mar 27 notice, including continued communications and disclosures, failure to implement proper access controls, and improper handling of sensitive information. (Ref: Evidence Section D, E, Apr 1/2/3/8/18 Actions)
    • ADA Violations: Improper service animal inquiries (Berriman Feb 11); Discriminatory/burdensome communication demands impacting disabled claimant (CBM C&D Apr 3); failure to provide reasonable accommodations, interference with service animal access, and documented need for mental health. (Ref: F1, F2, C&D Letter)
    • (Ref: Master File - HIPAA Violations, ADA Violations)
  • D. Counsel Conflicts & Ethical Breaches: Violations of professional conduct rules by multiple attorneys/firms.
    • Ellison/Fowler Bell: Undisclosed concurrent conflict (representing Ballard while accessing claimant PHI); misrepresentation of role; failure to produce documents; continued PHI receipt post-objection (Apr 18 CC); firm's failure to supervise/remediate/report, including failure to address conflicts of interest. (Ref: Evidence Sections B, D, E, Ethics Category, E17, Apr 3 Email, Apr 18 Emails Cc)
    • Boggs/CBM: Undisclosed/disqualifying spousal conflict (S. Boggs at CBM vs. M. Boggs formerly at Fowler Bell); issuance of flawed/unlawful C&D; firm liability/imputed conflict; failure to report others; inadequate response to conflict allegations (Apr 24), including failure to address spousal conflict. (Ref: Evidence Section D, E, Ethics Category, C&D Letter, Claimant Rebuttal Apr 18)
    • Erie In-House Counsel (Nealon, Bolash, Others): Nealon's directive facilitating HIPAA violation (Apr 2); failure by Bolash/others to ensure compliance, report misconduct (Ellison, Nealon, Berriman, CBM), oversee conflicts, or ensure proper outside counsel retention/conduct, including failure to address UPL concerns. (Ref: Evidence Section D, E, Ethics Category, Apr 2 Email)
    • Mandatory Reporting Failures (KY SCR 3.130(8.3), PA Rule 8.3): Apparent failure by *all* implicated attorneys/firms to meet mandatory reporting duties regarding misconduct of others after receiving notice, including conflicts of interest, ethical violations, and UPL concerns, constituting potential violations of professional conduct rules. (Ref: Ethics Category, KBA Demand Letter)
    • (Ref: Master File - Counsel Conflicts & Ethics Violations)
  • E. Ballard Plumbing Connection & External Factors: Interplay between WC claim and actions by the insured employer.
    • Alleged Extortion/CFAA: Linking WC claim/benefits to unrelated domain dispute ("im being told"); admitted attempt to access claimant systems ("They instructed us"); documented threats and coercion, including potential CFAA violations and unauthorized access attempts. (Ref: Ballard Texts B3, B4, B8, F14.3)
    • Potential Conspiracy/Obstruction: Involvement of Lauren Ballard (deleting email); Jay Matheny/Denton Law Firm (parallel IP suit); coordinated efforts to obstruct justice, including evidence tampering and improper handling of communications. (Ref: B3, B6, B7, B9, B10)
    • Erie/Counsel Involvement: Ellison's dual representation role during period of alleged extortion; Berriman potentially aiding/abetting; failure to report or address misconduct, including potential complicity in obstruction and failure to act on documented violations. (Ref: E17, E21, F14.4, Berriman Evidence)
    • (Ref: Master File - Ballard Connection)
  • F. Obstruction, Concealment & Evidence Preservation: Actions hindering investigation and access to information.
    • Failure to Provide Information: Persistent failure to identify authorized counsel, produce requested documents (WC file, policies), respond to direct inquiries, and comply with legal obligations, including failure to provide necessary documentation. (Ref: Evidence Sections B, C, D, E, E10, E13, E19)
    • Obstructive Tactics: Legally flawed C&D letter demanding restrictive communication; evasive responses; directing contact to revoked agents; improper demands for mail-only communication, including failure to address specific concerns. (Ref: C&D Letter, Apr 3/24 Emails)
    • Evidence Tampering/Removal: Deletion of emails/texts (Ballard); Removal of Erie website governance pages post-inquiry (Code of Conduct, Committee Charters); documented attempts to conceal evidence, including failure to preserve electronic communications. (Ref: Ballard Texts B3, F14.3, Wayback_Machine_Governance_Links)
    • Spoliation Concerns: Risk of evidence destruction due to documented tampering and failure to implement legal holds; potential destruction of electronic communications and documents, including failure to preserve relevant evidence. (Ref: Master File - Obstruction & Preservation Evidence)
    • (Ref: Master File - Obstruction & Preservation Evidence)

Corporate Governance & SEC Concerns

  • A. Leadership Knowledge & Accountability: Widespread awareness among Erie leadership and Board, followed by inaction or ratification.
    • Documented Notice: Explicit notice of violations, risks (>$16Bn exposure, RICO, SEC), security breach provided to Board/Execs (Feb 25, Mar 27, Mar 31, Apr 18). (Ref: Evidence Sections C, D, E)
    • Failure of Oversight: Lack of intervention despite knowledge of systemic misconduct, ethical breaches, compliance failures (HIPAA, ADA, WC), conflicts of interest.
    • Facilitation/Ratification: Nealon's Apr 2 directive; CBM hiring/actions confirming notice receipt; failure to stop Berriman's Apr 18 actions; failure to address CBM conflict. (Ref: Evidence Section D, E)
    • Breach of Fiduciary Duty: Potential breaches by Board/Officers regarding duties of care, loyalty, and good faith.
    • (Ref: Master File - Leadership Timeline & Evidence)
  • B. SEC Disclosure Failures & Insider Trading Concerns: Violations related to public company reporting and trading.
    • Failure to File Form 8-K: No disclosure of material risks (Claimant allegations, $B+ exposure, breach, potential criminality, counsel conflicts) between Mar 27 notice and Apr 24 Earnings Call/market decline. (Ref: SEC Filing Analysis, Mar 27/31 Emails)
    • Earnings Call Non-Disclosure (Apr 24, 2025): Proceeding with call without disclosing known material risks, likely violating Reg FD, Rule 10b-5. (Ref: Earnings Call Info TBD)
    • SOX Compliance Issues: Potential false certifications (SOX 302) by CEO/CFO post-earnings call; evidence of internal control weaknesses (SOX 404) related to compliance, risk management, counsel oversight, cybersecurity. (Ref: SEC Concerns Category)
    • Insider Trading Window (Form 4): Filings by NeCastro, Pelkowski, Bolash, other EVPs/Board (Mar 3, 17, Apr 1) after receiving MNPI but before public disclosure/market drop. (Ref: ERIE SEC Filings Log Summary)
    • Cybersecurity Disclosure Failure: Failure to disclose demonstrated unauthorized network access (detailed Mar 31) per Reg S-K Item 106. (Ref: Mar 31 Email)
    • (Ref: Master File - SEC Concerns Analysis)
  • C. Financial Impact & Liability Exposure: Quantifiable damages and potential financial consequences for Erie.
    • Claimant Damages: Significant medical expenses (past/future), lost wages, potential punitive damages. (Ref: Medical Records, Offer to Compromise)
    • Corporate Liability: Exposure from bad faith claims, regulatory fines (HIPAA, SEC, DOI), potential criminal penalties (RICO, Fraud), civil judgments. (> $16Bn - $38Bn+ initial assessment). (Ref: Mar 27/31 Risk Notice)
    • Market Reaction: Documented stock decline (~22% from 3-month peak, ~$5Bn+ market cap) following Apr 24 earnings call non-disclosure. (Ref: ERIE Stock Data Apr 2025 Image / Live Chart)
    • (Ref: Master File - Financial Analysis)

Regulatory Filings, Complaints & Ongoing Developments

  • A. Professional & Regulatory Complaints Filed: Formal actions initiated against involved parties/entities.
    • Kentucky Bar Association (KBA): Demand for Self-Reporting of Ethical Violations (Ellison, Fowler Bell, CBM, Erie Counsel, etc.). (Ref: FINAL NOTICE_ KBA Demand Letter)
    • State Departments of Insurance (DOI): Complaints regarding Unfair Claims Settlement Practices / Bad Faith (Erie, Berriman) under KRS 304.12-230; Adjuster conduct/ethics violations including UPL (Berriman) under KRS 524.130 to be investigated by Kentucky DOI for potential disciplinary action. (Ref: Evidence Sections B, E, E7, E14)
    • HHS Office for Civil Rights (OCR): Complaints regarding HIPAA violations (Erie, Berriman, Ellison, Nealon, Kaysinger, Ascension/"Karen", CBM).
    • SEC Division of Enforcement: Submissions regarding disclosure failures, potential insider trading, SOX violations (Erie, Officers, Board).
    • DOJ/FBI: Referrals regarding potential federal criminal conduct (RICO, Fraud, Obstruction, Criminal HIPAA, CFAA, Extortion).
    • Other: Complaints to State Nursing Boards, Hospital Licensing Boards, URAC, AICPA, Actuarial Boards, CFA Institute, CPCU Society based on roles/actions.
    • (Ref: Master File - Complaint Status & Filings)
  • B. Regulatory Violations Summary: High-level overview of key statutes/rules allegedly violated.
    • Insurance: KRS 304.12-230 (UCSPA), KRS Ch 342 (WC), 803 KAR Ch 25 (WC Regs); State Statutes Defining Unauthorized Practice of Law (UPL).
    • Health Privacy/Disability: HIPAA (45 CFR 164), ADA, KRS 258.500 (Service Animal).
    • Legal Ethics: KY SCR 3.130, PA Rules of Prof. Conduct (Conflicts, Reporting, Candor, etc.).
    • Securities: Regulation FD, SEC Rule 10b-5, SOX 302/404, Reg S-K.
    • Federal Criminal: 18 U.S.C. § 1962 (RICO), § 1341/1343 (Mail/Wire Fraud), § 1347 (Healthcare Fraud), § 1035 (False Stmts Healthcare), § 1512/1519 (Obstruction), § 1030 (CFAA), § 1951 (Extortion); 42 U.S.C. § 1320d-6 (Criminal HIPAA); KRS 524.130 (Unauthorized Practice of Law).
    • (Ref: Master File - Violations Matrix)
  • C. News & Developments: Reverse chronological log of key events. (Updates appear newest first)
    • April 24-25, 2025: Erie holds Prerecorded Q1 Earnings Call, fails to disclose material risks. Stock declines ~12% (22% Total). CBM issues inadequate response ignoring conflict. (Source: Earnings Call Info TBD, Stock Data, CBM_Response_Apr24_2025.eml)
    • April 22, 2025: Erie holds 100th Annual Meeting of Shareholders. All 11 incumbent directors re-elected unanimously. Board approves quarterly dividend of $1.365 per share (Dividend #380) payable July 22, 2025. (Source: ERIE 8-K Apr 24, 2025)
    • April 21, 2025 (Approx):
    • April 18, 2025: Claimant rejects CBM C&D, highlights conflict, demands compliance. Berriman emails providers misrepresenting facts/law, copying Ellison. Matthew I. Boggs confirmed departed Fowler Bell following conflict notification. (Source: Auto-responder)(Ref: R7, R1-R6)
    • April 1-10, 2025: Insider Form 4 filings (Apr 1); Nealon directs provider collaboration with revoked agent (Apr 2); Erie retains CBM; CBM issues flawed C&D (Apr 3); Kaysinger/Genex Recusal (Apr 9); Claimant discharged without care (Apr 10). (Ref: Evidence Section D)
    • March 21, 2025: Erie files DEF 14C and Annual Report to Shareholders (ARS) without disclosing material risks. (Source: ERIE DEF 14C/ARS Mar 21, 2025)
    • February 28, 2025: Erie files Forms S-8 and S-8 POS for employee benefit plans without disclosing material risks. (Source: ERIE S-8/S-8 POS Feb 28, 2025)
    • February 27, 2025: Erie files Form 10-K and Form 8-K without disclosing material risks. Board approves quarterly dividend of $1.365 per share (Dividend #379) payable April 22, 2025. (Source: ERIE 10-K/8-K Feb 27, 2025)
    • February 25, 2025: Erie receives formal notice of material risks but fails to disclose in subsequent SEC filings. (Ref: Evidence Section C)
    • June 1, 2024: Documented suicide attempt requiring EMS response, communicated to Berriman via girlfriend. Claimant terminates legal representation following incident. (Ref: Suicide Attempt Documentation, Legal Termination Notice)
    • (Link to Full News Feed Page - TBD)
  • D. Media Coverage & Public Statements: Tracking external reporting and company communications.
    • (Section reserved for links to relevant news articles, press releases, or public statements as they emerge.)
    • (Ref: Master File - Media Archive)

Statistical Anomalies & Systemic Indicators

(Section reserved for Project Expose data analysis demonstrating potential patterns beyond this single case.)

  • (Ref: Project Expose Data Analysis Methods)

Project Expose Context

  • A. About Project Expose:
  • (Ref: About Project Expose Page)
  • B. Whistleblower Intake & Similar Experiences: Providing channels for others to report.
    • Secure intake for current/former employees of Erie, Genex, Fowler Bell, CBM, related entities.
    • Contact point for other claimants or individuals with similar experiences.
    • Information regarding legal protections for whistleblowers (SOX, Dodd-Frank, etc.).
    • (Ref: Secure Whistleblower Portal Link)
    • (Ref: Contact Project Expose Link)

Disclaimer

This page aggregates documented factual evidence and correspondences related to Claim A00005037890. Interpretations of law and allegations of violations are based on this evidence but require formal adjudication by appropriate judicial or regulatory bodies. All parties named herein are presumed innocent until proven otherwise in appropriate legal forums. Project Expose seeks accountability through transparency and providing accessible information.

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