Zalma's Insurance Fraud Letter - May 15, 2022

ZIFL May 15, 2022
Volume 26, Issue 10Show more

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Prosecution Proper for Accident in Missouri and Fraud in Kansas
Crossing a State Line to Present a Fraudulent Claim Doesn’t Work

ZIFL-05-15-2022.

Under K.S.A. 2020 Supp. 21-5106(a)(1) and (b)(3), a Kansas court has jurisdiction over a crime partly committed in Kansas by a criminal actor who commits either (1) an act that constitutes a constituent and material element of the offense or (2) an act that is a substantial and integral part of an overall continuing criminal plan and the act causes an effect or consequence in Kansas close enough in time or cause to be a proximate result. Two courts found no jurisdiction but the Supreme Court read the whole statute and found jurisdiction in State of Kansas v. Ivan Rozell, No. 121, 094, Supreme Court of Kansas (April 22, 2022)

Doctor Who Defrauded Health Insurers Tried to Back Out of Plea Deal

In State Of New Jersey Amgad A. Hessein, No. A-0983-20, Superior Court of New Jersey, Appellate Division (April 26, 2022) Dr. Amgad A. Hessein, a physician facing a thirty-eight-count indictment alleging billing fraud related to his medical practice, was on the verge starting his trial after completion of jury selection when he pled guilty to second-degree theft by deception, N.J.S.A. 2C:20-4(a), and second-degree health care insurance claims fraud, N.J.S.A. 2C:21-4.3(a).

Drivers Admit Lying When They Apply for Auto Insurance
How Much Americans Think They Save By Lying on Auto Insurance Applications

In an article at https://www.propertycasualty360.com/2022/05/10/how-many-americans-lie-on-auto-insurance-applications/ the authors report about a survey that showed that the primary reason Americans lie to car insurance companies is to save money. About a third of survey participants said they lie because they’re a high risk and know they’d pay higher premiums telling the truth.

Convicted Fraudster Frivolously Keeps Trying to Avoid Jail
Those Who Commit Insurance Fraud Have Funds to Issue Interminable Motions & Appeals

Insurance fraud convictions are unreasonably rare and when the perpetrator is convicted the convicted defendant seems to have unlimited funds to appeal the convictions. Imtiaz Shareef, after his conviction, unsuccessful in his first appeal filed a new appeal claiming his lawyers failed him.

In Imtiaz Shareef v. United States of America, Nos. 3:22-cv-001144-RJC, 3:18-cr-00157-RJC-DCK-3, United States District Court, W.D. North Carolina, Charlotte Division (May 4, 2022) the USDC put a stop to Shareef’s appeals.

Fake Claim Defeated by Surveillance in the U.K.

Anthony Hawkins, a retired scrap metal dealer’s £1.1 million insurance claim dismissed in full after an investigation carried out by Admiral Insurance and Horwich Farrelly found the claimant to be a liar who fabricated evidence to fraudulently inflate the value of his claim of loss of earnings.

Hawkins, claimed that he suffered multiple and serious injuries in a road traffic accident on 23 August 2014. As a result of his injuries Hawkins spent 26 days as an inpatient. Hawkins also claimed that he suffered recurrent infections around the metalwork in the injured right forearm. Central to his claim for lost earnings was a handwritten, undated letter that alleged to offer the claimant employment at the same scrap yard he had previously sold for a salary plus weekly bonuses.

Strems Law Firm Settles Fraud Suit with Insurers

The Strems Law Firm, a Miami-based law firm and its co-defendants agreed to a $1 million settlement with Citizens Property Insurance Corporation (Citizens) after the state-created insurer filed a lawsuit that alleged fraudulent claims involving the firm in collusion with a public adjusting firm and a water mitigation company.

Health Insurance Fraud Convictions
Clinic Owner Sentenced To Federal Prison For Laundering Money For ‘Pill Mill’
Defendant Also Bought Mercedes And Hummer With Profits

Jamesetta Whipple-Duncan, 59, of Savannah, a former Garden City, Georgia, clinic owner and CEO was sentenced to federal prison for 60 months after admitting she laundered money in connection with a notorious “pill mill” doctor who illegally dispensed massive amounts of drugs. She pleaded guilty to Money Laundering. U.S. District Court Judge Lisa Godbey Wood also ordered Whipple-Duncan to pay $86,074 in restitution and to serve three years of supervised release after completion of her prison sentence. There is no parole in the federal system. Plus many more.

Other Insurance Fraud Convictions

Guilty of Murder-For-Hire & Insurance Fraud Case

 Euri Jenkins heard a Florida jury return a guilty verdict saying he was the orchestrator of a 2017 plot to kill his pregnant wife. Deliberations lasted less than a day before the jury reached a decision on the charge of first degree murder. Jenkins, 35, now faces life in prison without parole. Prosecutors told the jury that he plotted with another man, Joevan Joseph, then 19, to kill his wife, Makeva Jenkins. Plus many more convictions.

(c) 2022 Barry Zalma & ClaimSchool, Inc.

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business. He is available at http://www.zalma.com and zalma@zalma.com.

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