Valhalla health benefits business accused of avoiding $6.7M in judgments

Tri Health Solutions, a New Jersey company that has steered union members to a Valhalla health benefits business, is trying again to collect commissions.

Tri Health accused Nu Era Benefits Agency Inc., its affiliates and its principals of fraud, in a complaint filed Feb. 20 in Westchester Supreme Court, for allegedly shifting money around to avoid paying commissions.

The defendants “have committed textbook fraudulent transfers,” the complaint states, “planned and plotted in meticulous fashion” to place assets beyond reach and leave the debtor “an empty shell.”

The lawsuit is Tri Health”™s fourth attempt in four years and two forums to collect what it claims it is owed.

In 2014, Anthony J. Cusano of Tri Health made a deal with Louis and Elizabeth DeLuca to introduced members of the International Brotherhood of Trade Unions to the DeLuca”™s Employers Network Association, Valhalla.

For every union member enrolled in Employers Network health plans, Tri Health would be paid $15 to $25 a month.

The payments began flowing in 2015, but in 2019 Tri Health filed an arbitration case accusing Employers Network of breach of contract. In November 2021, the arbitrator ruled that Tri Health was entitled to nearly $4.4 million.

Then Employers Network stopped paying any commissions to Tri Health, according to court records, and evaded attempts to collect the arbitration award.

Employers Network allegedly transferred its funds to a new entity, Nu Era, leaving itself with no assets for paying the arbitration award.

In January 2022, Tri Health filed a second arbitration case, claiming that it was still entitled to nearly $244,000 a month in commissions. The arbitrator awarded Tri Health a $2 million judgment.

Last May, Tri Health sued Employers Network and Nu Era for $5.7 million for the arbitration award and continuing monthly commissions. It discontinued the case last July but indicated that it might file a new complaint.

Now in the new complaint, Tri Health reiterates the old accusations: the DeLucas and their various companies have ignored multiple demands for payment “and have engaged in conduct aimed at evading, hindering and preventing ”¦ attempts to collect on the judgements.”

Nu Era funds, for instance, were allegedly transferred to a Connecticut bank account so that Tri Health could not enforce the arbitration judgements until they were registered in Connecticut.

By the time Tri Health did so, the complaint states, “the funds would be dissipated or transferred to accounts elsewhere.”

Tri Health accuses the DeLucas and their businesses of fraud and is demanding nearly $6.7 million. It is asking the court to appoint a receiver to take charge of the DeLuca”™s business, marshal their assets and pay the commissions.

Nu Era”™s attorney, Michael J. Keane, did not reply to an email requesting the defendants”™ side of the story.

Tri Health is represented by New Jersey attorney Eric B. Levine.