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Published: March 20, 2009
BROOKSVILLE - A public adjuster convicted of forging his client's name on a $270,000 check was sentenced to jail time and nine years of probation on Thursday.
Karim Hayavi secured the check as a settlement between his client and Citizens Property Insurance for a sinkhole that was destroying her house. Both Hayavi and his client, Ruth Pullen, were required to sign the check.
Pullen previously agreed to give Hayavi a 15 percent cut of the collection for his service, which amounted to roughly $40,000. To even the balance, Hayavi gave her a check for $230,000 and kept the $270,000 check for himself.
Pullen wouldn't sign the original check until her portion of the payment cleared in the bank. Her wariness paid off because the check did bounce, but Hayavi had already forged her name and deposited the $270,000 check in his own account, according to Assistant State Attorney Erin Daly.
Pullen videotaped her conversation with Hayavi when he came to her home to discuss his services. Jurors got a chance to watch that video during trial in February, including the portion in which Hayavi assured his victim he wouldn't sign the check.
As Circuit Judge Stephen Rushing recalled in court Thursday, Hayavi acknowledged that to do so was a felony offense.
"That is callousness" toward the law, Rushing said.
The videotape also captured the second offense for which Hayavi was charged: solicitation to commit insurance fraud. The total settlement equaled roughly $300,000, including $30,000 set aside for living expenses while the sinkhole repairs were completed.
Hayavi offered Pullen a phony lease that she could submit to the insurance company as "proof" she was living somewhere besides her damaged house, according to Daly. The monthly rent on the lease was $7,000.
After more than 30 minutes of testimony on Thursday, Rushing settled on a sentence that satisfied the demands of both the defense and prosecution. He did not give prison time, as the victim requested, but did sentence Hayavi to 120 days in the county jail.
In a concession to Hayavi's young family, he ordered the suspect to serve 15 consecutive weekends in jail. Rushing also stripped away Hayavi's adjuster license and sentenced him to nine years of probation.
Rushing said the sentence would protect the public.
Reporter Kyle Martin can be reached at 352-544-5271 or kmartin@hernandotoday.com.
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