Criminal Law and Procedure

Recent Posts

Caution: When State Corruption Becomes a Federal Crime
Posted on 24 Sep 2013 by Williams Mullen

BY: CHARLES E. "CHUCK" JAMES, JR. With multiple state and federal investigations ongoing, all eyes are on Richmond, Virginia. Meanwhile, the Department of Justice continues to devote considerable resources to other allegations of bribery... Read More

Go Directly to Jail, Do Not Pass Go: Arson-for-Profit Doesn’t Pay
Posted on 8 Jan 2015 by Barry Zalma

Arson is probably the dumbest form of insurance fraud. With modern municipal fire departments arson fires seldom totally destroy the premises, evidence is always left for arson investigators to review, and firefighters and the public are exposed to danger... Read More

Tags: crime , Fraud , Insurance , arson

Roadmap to Prison: Lessons Learned from the Criminal Prosecution of Alpha Ambulance's Leaders
Posted on 23 Apr 2015 by Foley & Lardner LLP

No one running an ambulance company ever planned to go to prison for doing his or her job. But that is a real possibility if the government knocks on the door, and the owner or manager is dishonest in his or her response to the inquiry. CMS contractors... Read More

Florida Court Holds Criminal Conduct Exclusion In E&O Policy Applicable
Posted on 11 Dec 2013 by Brian Margolies

In its recent decision in Certain Interested Underwriters at Lloyd’s v. AXA Equitable Life Insurance Company , 2013 U.S. Dist. LEXIS 159639 (S.D. Fla. Nov. 7, 2013) [ enhanced version available to lexis.com subscribers ], the United States District... Read More

Fraud By Insurance Agent Requires Jail – Insurance Agent Used Diverted Premium to Fund Campaign for Congress
Posted on 5 Nov 2014 by Barry Zalma

The Ninth Circuit Court of Appeal made clear that although Congressmen may write the law they are not above the law. Former Arizona Congressman Richard Renzi learned this lesson the hard way when he was convicted by a jury on charges of conspiracy, honest... Read More

Real Estate Business Owners And Title Company Executive Indicted In Multi-Million Dollar Mortgage Fraud Scheme
Posted on 23 Jan 2014 by LexisNexis Insurance Law Newsroom Staff

Federal authorities have arrested three business owners and a title company executive in connection with a mortgage fraud scheme that involved approximately 800 real estate properties and about $45 million in loans. The two-count indictment charges... Read More

Georgia Court Holds No Coverage For Embezzlement By Employee
Posted on 18 Sep 2013 by Brian Margolies

In its recent decision in National Reimbursement Group Inc. v. Gemini Ins. Co ., 2013 U.S. Dist. LEXIS 118435 (M.D. Ga. Aug. 21, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Middle District of... Read More

Knowingly, Willfully and Materiality
Posted on 24 Oct 2013 by Jack Townsend

In United States v. Phillips , ___ F.3d ___, 2013 U.S. App. LEXIS 18430 (7th Cir. 2013) (en banc), here , the Seventh Circuit reversed convictions under "18 U.S.C. § 1014 [ enhanced version available to lexis.com subscribers ], which criminalizes... Read More

Insurance Fraud Results in Eight Years in Prison: Plea of Guilty to Insurance Fraud Stands
Posted on 6 Apr 2015 by Barry Zalma

When a party pleads guilty to multiple crimes in open court and with the advice of competent counsel he or she can expect to spend time in jail or prison and to have no opportunity to withdraw the plea. However, in People v. Dobson , Not Reported in Cal... Read More

Jail for False Health Insurance Claims – Health Insurance Fraud Conviction Stands
Posted on 24 Jul 2014 by Barry Zalma

Because Medicare and Medicaid pay health care providers promptly and without any inquiry into the probity of the claim health insurance fraud is a fairly easy crime to commit with little chance of being arrested or convicted. Perhaps that is the reason... Read More

Corporate Corruption Case Charged With Swiss Bank Accounts to Hide the Loot
Posted on 6 Mar 2014 by Jack Townsend

According to a DOJ press release here (emphasis supplied by JAT): Asem Elgawhary, the former principal vice president of Bechtel Corporation and general manager of the Power Generation Engineering and Services Company (PGESCo), was indicted by a grand... Read More

Health Insurance Fraud – Conviction Affirmed
Posted on 9 Sep 2013 by Barry Zalma

Health Insurance Fraud is rampant. Most people convicted of health insurance fraud are doctors and other health care providers. Where most of the money goes, however, is to people taking advantage of free or subsidized health care benefits when they are... Read More

Fraud Proved – Lie About Cause Of Fire Sufficient to Support Guilty Verdict
Posted on 8 Jan 2014 by Barry Zalma

Arson for profit is a difficult crime to prove. The prosecution must both prove that the fire was intentionally set and that the owner and person insured caused the fire with the intent to defraud the insurer. Insurance fraud, on the other hand, is fairly... Read More

Contractor's Construction Fraud Implied
Posted on 11 Jun 2014 by Vandeventer Black LLP

It is not unusual for a contractor to obtain an advance for construction work or materials. While that is done more often with residential construction, it is also done on some commercial projects or with individual subcontractors. What if they don't... Read More

2d Circuit Majority and Concurring Opinions of Fraud and Sentencing
Posted on 1 Aug 2013 by Jack Townsend

In United States v. Corsey , ___ F.3d ___, 2013 U.S. App. LEXIS 14897 (2d Cir. 2013), here free version , [ enhanced version available to lexis.com subscribers ], a per curiam decision, the Second Circuit opens its opinion: This appeal principally... Read More