Police Properly Charged Fraud Perpetrator

False Report of Theft of Vehicle Established

Post 5090
Creating a Fake Theft of Vehicle and Insurance Claim is a Crime

Shonda Brown faced multiple charges, including felonies related to false reporting and insurance fraud changed to class A misdemeanors such as tampering with public records and making false statements.

The case arose from allegations that Brown paid an informant to move her inoperable vehicle and then reported it stolen to the NYPD, despite evidence suggesting the vehicle had been tampered with and was found in a damaged state.

In The People of the State of New York v. Shonda Brown, Index No. CR-024423-24KN, 2025 NY Slip Op 25122, Criminal Court of the City of New York, Kings County (May 23, 2025) the Criminal Court concluded that the charges were appropriately filed and rejected Brown's motion to dismiss.

Sufficiency of the Accusatory Instrument

The court assessed whether the accusatory instrument met the legal standards for facial sufficiency. The court concluded that the instrument adequately designated the offenses and provided reasonable cause to believe that Brown committed the alleged crimes. The court noted that the statement of Fire Marshal Joseph Hayes ("FM Hayes") of the New York City Fire Department ("FDNY") and the supporting deposition from the informant, Mohammed, provided sufficient factual basis to support the charges. Furthermore, FM Hayes' averment that he "observed All-State Insurance records to show defendant filed an insurance claim for said vehicle," taken together with his averment that he was informed that defendant paid Mohammed to move defendant's vehicle, satisfied the reasonable cause standard to the extent that defendant was informed of the accusations, i.e., making sworn false statements in violation of PL § § 210.35, 210.45, and provided her with enough information as to the defenses available.

The court highlighted that non-hearsay allegations were present in the instrument, which included the details of the vehicle's condition and the actions taken by Brown and although some statements were deemed hearsay, they were remedied by the supporting deposition that confirmed their truthfulness.

Validity of the People's Certificate of Compliance

The court found that the prosecution exercised due diligence in disclosing discoverable materials. The absence of certain items, such as recordings or police reports, did not invalidate the certificate as the prosecution demonstrated that these items did not exist.

Discovery Obligations

The prosecution was required to disclose all relevant materials, including those that could potentially exculpate Brown.

Speedy Trial Considerations

The court analyzed the timelines related to the speedy trial rights of the defendant. The original felony complaint was filed on June 13, 2024, and the charges were reduced on October 23, 2024. The court calculated the elapsed time and determined that the prosecution had complied with the speedy trial requirements, as they acted within the six-month period mandated by law.

Therefore, the court denied the defendant's motion to dismiss the charges, affirming that the legal proceedings adhered to the necessary protocols and standards and defendant's motion to dismiss was denied.

ZALMA OPINION

People who commit insurance fraud, like Ms. Brown, refuse to accept the fact that they were caught and charged with crimes relating to their attempt at fraud. Ms. Brown attempted to avoid the charges by a motion to dismiss with charges of wrongdoing by the police and the prosecution without a factual basis. She will go to trial on the charges and there is a good chance she will be convicted or plead guilty before trial.

(c) 2025 Barry Zalma & ClaimSchool, Inc.

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