HAMILTON — A West Chester Township man claimed his father died in the World Trade Center terrorist attacks Sept. 11 — while the father was alive in India, Assistant Butler County Prosecutor Lee Oldendick said.

Chawla

        But the defendant's lawyer says Ajay Chawla made “an honest mistake” and withdrew his claim on a $100,000 life insurance policy after learning his father's whereabouts.

        In what is believed to be Ohio's sole case alleging Sept. 11-related insurance fraud, Mr. Chawla, 37, is standing trial in Butler County Common Pleas Court. He is accused of three felonies and a misdemeanor: insurance fraud, attempted aggravated theft by deception, telecommunications fraud and falsification. The charges carry a total of two to eight years behind bars if he's convicted.

        A jury of nine women and three men began hearing testimony Tuesday in the courtroom of Judge Patricia Oney. The trial is expected to conclude Thursday.

        Kenneth G. Hawley, Mr. Chawla's lawyer, said there's no disputing that Mr. Chawla had claimed that his father, Om Chawla, had perished. But, Mr. Hawley argued, “that claim was made under an honest mistake of fact.”

        But Mr. Oldendick argued that the evidence shows otherwise. Saying he was gathering information for someone else, Mr. Chawla contacted his insurance agent, Sarat C. Bholla of Highland Heights and asked about the procedure for making a Sept.11-related death claim, Mr. Oldendick said.

        Then Mr. Chawla contacted his insurance carrier and New York City police, and worked with a notary on an “affidavit in lieu of death certificate,” Mr. Oldendick said.

        “He stood before the notary with his hand raised high and said, "My father died at the World Trade Center,' when he knew darn well that his father was alive and well” in his native India, Mr. Oldendick said.

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