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Insurance Claims professional presents articles and videos on insurance, insurance Claims and insurance law for insurance Claims adjusters, insurance professionals and insurance lawyers who wish to improve their skills and knowledge. Presented by an internationally recognized expert and author.
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November 10, 2021
Ohio Court Allowed Insurance Criminal to Change Felony to Misdemeanor Only to Face an Appeal Insurance Criminal Appeals After Pleading Guilty

Barry Zalma

Read the full article at https://www.linkedin.com/pulse/insurance-criminal-appeals-after-pleading-guilty-zalma-esq-cfe and at https://zalma.com/blog plus more than 3950 posts. Posted on November 10, 2021 by Barry Zalma

Sandy Diane Pinney, appealed the March 2, 2021 judgment of the Ashtabula County Court of Common Pleas overruling her motion to dismiss due to pre-indictment delay, and the March 30, 2021, judgment sentencing her to twelve months community control on one count Insurance Fraud. In State Of Ohio v. Sandy Diane Pinney, 2021-Ohio-3483, No. 2021-A-0013, Court of Appeals of Ohio, Eleventh District, Ashtabula (September 30, 2021) the Ohio Court of Appeal dealt with the claim.
FACTS

Ms. Pinney, a fairly incompetent insurance fraud perpetrator, in October 2018, staged a fall on a broken egg while shopping at Wal Mart. Much to her surprise, she was actually injured and suffered a broken ankle. Wal Mart denied her insurance claim and she received no monetary compensation. An investigation was submitted to the prosecutor’s office in 2019.

Meanwhile, in August 2021, Pinney was under indictment for an unrelated offense, to which she pleaded guilty and served a twelve-month prison term. In October 2020, after her release in the unrelated matter, the state charged her with one count Insurance fraud in violation of R.C. 2913.47(B)(1)&(C), a felony of the fifth degree, in relation to the Wal Mart fall.

Pinney filed a motion to dismiss due to a pre-indictment delay arguing prejudice in that she was deprived of the ability to argue for a concurrent sentence, or from seeking a negotiated plea that would have concluded the matter prior to her release from prison. Additionally, she argued that although the events occurred in 2018, the conviction appears on her record in 2021, after the completion of the 2019 prison sentence. The trial court overruled her motion, finding there was no evidence that the State was negligent or intentional in the delay, and that appellant failed to demonstrate prejudice in preparing her defense due to the delay.

In March 2021, Pinney, seeing a conviction on the way, withdrew her not guilty plea and entered a plea of no contest to an amended count one, Insurance Fraud, in violation of R.C. 2913.47(B)(1), a misdemeanor of the first degree. By so doing she avoided jail and the court sentenced her to a twelve-month period of community control.
ANALYSIS

In reviewing a trial court’s decision on a motion to dismiss for preindictment delay, the court reviews only the legal issues, but affords great deference to the trial court’s findings of fact.

When unjustifiable preindictment delay causes actual prejudice to a defendant’s right to a fair trial despite the state’s initiation of prosecution within the statutorily defined limitations period, the Due Process Clause affords the defendant additional protection.

the Supreme Court of Ohio clarified that preindictment delay violates due process only when it is unjustifiable and causes actual prejudice. Once a defendant presents evidence of actual prejudice, the burden shifts to the state to produce evidence of a justifiable reason for delay. If the defendant fails to show actual prejudice, the state need not present evidence justifying the delay in the case.

To demonstrate prejudice, Pinney must point specifically to how she was prejudiced, and the showing must be concrete, not speculative. This court has made it clear that speculation does not show actual prejudice. The possibility of faded memories, inaccessible witnesses, and lost evidence is insufficient to demonstrate actual prejudice. Thus, mere possibilities do not prove actual prejudice.

Pinney argued that the delay in prosecution deprived her of the ability to argue for concurrent sentences or negotiate the plea in the unrelated case. The state argued that her argument must fail because she presented no evidence of this allegation to the trial court.

Pinney’s argument is fundamentally, and fatally, speculative; she argues that she was not permitted the opportunity to argue for concurrent sentences. Thus, Pinney failed to show actual prejudice, and her sole assignment of error was without merit. Her sentence stood.
ZALMA OPINION

Insurance criminals have no honor. After the prosecutors allowed Pinney to plea to a misdemeanor and avoid a return to jail, with unmitigated gall and a total lack of appreciation for the kindness provided to her by the prosecutor and the court, appealed the conviction because it took the prosecutor too long to arrest her while she was in jail on another charge. Her arguments on appeal were specious and she should have had her plea withdrawn and convicted – at trial – on the felony. She got nothing other than waste the time of a trial and court of Appeal.

© 2021 – Barry Zalma

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 also serves as an arbitrator or mediator for insurance related disputes. 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.

Subscribe to Excellence in Claims Handling at https://zalmaoninsurance.locals.com/ https://barryzalma.substack.com/welcome.

He is available at http://www.zalma.com and [email protected]. Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award. Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.

Go to training available at https://claimschool.com; articles at https://zalma.substack.com, the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at https://www.rumble.com/zalma ; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ The last two issues of ZIFL are available at https://zalma.com/zalmas-insurance-fraud-letter-2/ podcast now available at

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December 04, 2025
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Post 5238

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December 03, 2025
Soldier Sentenced for Nigerian Romance Fraud

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Prison Sentence for Fraud Must be Limited to the Fraud in Which the Defendant Participated

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October 31, 2025
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Post 5219

Posted on October 31, 2025 by Barry Zalma

An Insurance claims professionals should be a person who:

Can read and understand the insurance policies issued by the insurer.
Understands the promises made by the policy.
Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
Are competent investigators.
Have empathy and recognize the difference between empathy and sympathy.
Understand medicine relating to traumatic injuries and are sufficiently versed in tort law to deal with lawyers as equals.
Understand how to repair damage to real and personal property and the value of the repairs or the property.
Understand how to negotiate a fair and reasonable settlement with the insured that is fair and reasonable to both the insured and the insurer.

How to Create Claims Professionals

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The Zalma Philosophy of Claims Handling – Part I

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Post 5210

This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster

When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.

I was initially sat at a desk reading a text-book on insurance ...

post photo preview
October 20, 2025
The Zalma Philosophy of Claims Handling – Part I

The History Behind the Creation of a Claims Handling Expert

The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail

Post 5210

This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.

My Training to be an Insurance Claims Adjuster

When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.

I was initially sat at a desk reading a text-book on insurance ...

post photo preview
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