Executive Acquitted of Workers’ Comp Fraud : Court: Juror calls prosecution of Camarillo man who runs family’s firm ‘overkill.’ He was charged with collecting nearly $7,000 while continuing to work.

A jury acquitted a Camarillo computer sales executive of workers’ compensation fraud Friday, calling prosecution of the case “overkill” while criticizing the agency that oversees the state insurance fund.

The trial, the first of its kind in Ventura County, was prosecuted by the district attorney’s privately funded workers’ compensation fraud unit formed two years ago.

Alan Griffis, 42, cried and hugged his attorney after Superior Court Judge Charles R. McGrath read the not guilty verdicts. Griffis had been charged with collecting nearly $7,000 in state disability checks while continuing to work at his family’s computer sales firm.

“Now I can get back to my life,” Griffis said. Griffis was arrested in January of last year; his trial lasted six weeks. The jury deliberated a little more than two days.

“I think it was overkill,” said juror Alvin Long.

Long took particular exception to a search warrant that officials served at BGL Technology last year. Investigators stormed the firm at gunpoint, herded employees into a lunchroom and seized dozens of documents and computer disks during the seven-hour search.

“All of that because he checked the wrong box on a form,” Long said.

Much of the prosecution’s case rested on medical forms Griffis filled out during treatment of a neck injury he sustained while moving a file cabinet at work. He checked a box on those forms that indicated he was not working when he visited the office of Dr. Alan Gross during the summer of 1993.

Gross later wrote a letter to the State Compensation Insurance Fund indicating that Griffis might not have been completely disabled during that time. He also testified for the prosecution during the trial.

Griffis later said he checked in at his office and made a few telephone calls to help keep the business running smoothly during his absence.

Griffis sued Gross in January, alleging defamation and professional negligence. Griffis declined comment on the civil suit.

Griffis’ attorney said prosecutors were pressured into pursuing their case against his client because of criticism that the unit had done little work since its inception in April, 1993.

“This was their first big case,” George C. Eskin said. “But this case should not have been prosecuted.”

Other jurors criticized the state agency for sloppy record-keeping and incompetence.

“The system definitely contributed to this,” Joe LaHood said. Jury Foreman Dale Cutler said the prosecution simply did not prove that Griffis was working while collecting the state checks.

“The proof just did not rise beyond a reasonable doubt,” said Cutler, a Los Angeles County deputy district attorney.

All three alternate jurors were used, since three jury members were excused during the technical and sometimes tedious trial.

“This trial was the definition of boredom,” LaHood said.

Meanwhile, prosecutors said Friday that they have not decided whether they will continue their prosecution of Griffis’ mother, who has been charged with perjury, accessory to a crime and conspiracy.

Police arrested Nora Griffis, 70, in March after she was charged with lying on the witness stand during her son’s preliminary hearing.

She is the firm’s bookkeeper and testified that her son did not work while collecting the disability checks between March 27, 1993, and Aug. 15, 1993.