Corruption News

ZALMA’S INSURANCE FRAUD LETTER – JULY 15, 2020

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Insurance Fraud Is Often A Violent Crime

Murder as a Side-Effect To An Insurance Fraud

There is a myth that abounds in the criminal and civil courts of the United States that insurance fraud is a non-violent crime. Abdullah Alkhalidi (“Alkhalidi”) was convicted of murder, robbery, and theft. The Indiana state court denied relief, holding Alkhalidi’s innocence claim strongly indicated he would not have accepted the plea deal. The state court also held that Indiana requires a defendant to admit a plea deal’s factual basis otherwise the trial court would be prevented from entering the plea. Alkhalidi filed for habeas corpus relief and the district court denied the petition.

In Abdullah T. Alkhalidi v. Ron Neal, No. 19-1378, United States Court of Appeals For the Seventh Circuit (June 29, 2020), at trial, Alkhalidi testified that his former roommate killed the victim in Alkhalidi’s vehicle while Alkhalidi followed in a car he planned to sell as part of an insurance fraud scheme. Alkhalidi admitted to helping hide the body and receiving stolen money but denied any other involvement. A jury found Alkhalidi guilty on all counts and the trial court imposed a sentence of 65 years. The Indiana Court of Appeals affirmed the conviction.

A Lie Under Oath to an Insurer is a Felony

Swinger Shot by Unhappy Swinger Lies to Get Insurance Benefits and is Convicted of Fraud and Perjury

John Alfonzo Smiley and Cynthia Biasi-Smiley were both charged with presenting a false and fraudulent insurance claim, insurance fraud, concealing an event affecting a person’s right to insurance benefits, two counts of attempted perjury, and presenting a false claim to a state board. A jury found both defendants guilty of the two attempted perjury counts and could not reach a verdict on the other charges. At a subsequent bench trial, defendants were each found guilty of the remaining counts. The trial court suspended imposition of sentence as to the defendants and placed them both on five years of formal probation.

In The People v. John Alfonzo Smiley, The People, v. Cynthia Biasi-Smiley, C081566, C081737, Court Of Appeal Of The State Of California Third Appellate District (Sacramento) (June 26, 2020) the defendants appealed their convictions for attempted perjury but not the other counts.

ZIFL OPINION

It is unfortunate and sad that a correctional officer of the state of California was willing to lie to obtain benefits he knew, or should have known, he was not entitled to receive. That he was shot in the back by a “swinger” who was offended that he had sex with a strange woman at a swingers club without a condom, clearly had nothing to do with his occupation. Creating a story that the shooter was a parolee and getting his wife to support the false claim resulted in both of them being convicted of insurance fraud and attempted perjury. They were fortunate that they were only sentenced to probation.

Listen to the Oral Argument and the First Ruling Denying Claim for Loss of Earnings Claim Resulting from Covid-19 Lockdown
The ruling is available at https://www.youtube.com/watch?v=Dsy4pA5NoPw&feature=youtu.be.

Although not a fraud case it is a ruling based upon the intent of an insured to collect on a policy of insurance that required actual physical damage to the property and that there is also an exclusion for losses caused by a virus or bacteria.

Good News from the Coalition Against insurance Fraud
Health Insurance Fraud Convictions
Insurance fraud Convictions

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