Fraud Perpetrator’s Attempt to Avoid Jail Fails
Read the full article at https://lnkd.in/gQ5tFc7C and see the video at https://lnkd.in/gAFhHHTv and at https://lnkd.in/gkt8idGF and at https://zalma.com/blog plus more than 4250 posts.
After being convicted of multiple counts of fraud Ejaz Shreef was sentenced to a term of imprisonment for 48 months on each count, concurrent, followed by two years of supervised release.
In Ejaz Shreef v. United States of America, Nos. 3:18-cr-157-RJC-DCK-2, 3:22-cv-78-RJC, United States District Court, W.D. North Carolina, Charlotte Division (July 8, 2022) resolved his motion to reduce his sentence.
BACKGROUND
A federal grand jury indicted Shreef, along with three coconspirators, with conspiracy to commit wire and bank fraud (Count One); and conspiracy to commit money laundering (Count Two). As to Count One, the Indictment charged that, “[f]rom in or about April 2009 through in or about April 2018, … [Shreef and the coconspirators] did knowingly, conspire to commit offenses against the United States, including violations of Title 18, United States Code, Sections 1343 (wire fraud) and 1344 (bank fraud).”
Shreef proceeded to a jury trial and the jury convicted him on both counts. On direct appeal, Shreef argued that the insurance fraud scheme supporting the wire fraud object of the conspiracy concluded prior to the running of the statute of limitations and, even if the charge was timely, insufficient evidence supported the jury’s verdict; evidence of prior bad acts was inappropriately admitted against him; and trial counsel was ineffective for failing to request a “reliance-on-expert” jury instruction.
On April 9, 2021, the Fourth Circuit affirmed the Court’s Judgment and declined to address the ineffective assistance of counsel claim.
Shreef, unwilling to accept the Fourth Circuit’s decision, filed a Motion to Vacate. Shreef argued:
prosecutorial misconduct for the Government submitting 18 U.S.C. §§ 1343 and 1344 to support Shreef’s conviction “without submitting such statutes to the grand jury;” and
ineffective assistance of trial and appellate counsel for failing to adequately investigate the case; and
allowing the Government to convict or maintain a conviction unconstitutionally.
DISCUSSION
Shreef argued that the Government “overreach[ed]” and the Verdict Form submitted to the jury mirrored the charges set forth in the Indictment. Consistent with the Indictment, the jury found that “wire fraud,” and “bank fraud,” were objects of the conspiracy.
Ineffective Assistance of Counsel
The Sixth Amendment to the U.S. Constitution guarantees the accused the right to the assistance of counsel for his defense. To show ineffective assistance of counsel, Shreef must establish a deficient performance by counsel and, second, that the deficient performance prejudiced him.
Courts are required to recognize the strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance. Furthermore, in considering the prejudice prong of the analysis, the Court can only grant relief if the result of the proceeding was fundamentally unfair or unreliable.
Shreef bears the burden of showing that there is a reasonable probability that but for counsel’s failure to raise an issue on appeal, the result of the proceeding would have been different; i.e., that he would have prevailed on appeal.
The court concluded that there was no deficient performance by Shreef’s trial or appellate counsel for their failure to raise or attempt to support a frivolous argument. Moreover, Shreef failed to allege or shown any prejudice.
Therefore, Shreef’s Motion to Vacate was dismissed and denied.
ZALMA OPINION
Insurance fraud perpetrators do not expect to be caught. Experience shows that a very small percentage of fraud perpetrators are caught, even smaller groups are prosecuted and even smaller groups are convicted. Those who are convicted, like Mr. Shreef, believe that the only reason they were caught and convicted had to be the fault of someone else and claim prosecutorial misconduct and inadequacy of counsel. Since their crimes, but for the conviction, were probably successful, they have funds to support appeals and motions to keep themselves out of jail. Mr. Shreef’s second attempt properly failed.
Just published
Random Thoughts on Insurance Volume XIV: A Collection of Blog Posts from Zalma on Insurance —
(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 [email protected].
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Write to Mr. Zalma at [email protected]; http://www.zalma.com; http://zalma.com/blog; daily articles are published at https://zalma.substack.com.
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Intentionally Shooting a Woman With A Rifle is Murder
Post 5196
See the full video at and at and at https://zalma.com/blog and more than 5150 posts.
You Plead Guilty You Must Accept the Sentence
In Commonwealth Of Pennsylvania v. Mark D. Redfield, No. 20 WDA 2025, No. J-S24010-25, Superior Court of Pennsylvania (September 19, 2025) the appellate court reviewed the case of Mark D. Redfield, who pleaded guilty to third-degree murder for killing April Dunkle with malice using a rifle.
Affirmation of Sentence:
The sentencing court’s judgment was affirmed, and jurisdiction was relinquished, concluding no abuse of discretion occurred.
Reasonable Inference on Trigger Pulling:
The sentencing court reasonably inferred from the guilty plea facts that the appellant pulled the trigger causing the victim’s death, an inference supported by the record and consistent with the plea.
Guilty Plea Facts:
The appellant admitted during the plea hearing...
The Judicial Proceedings Privilege
Post 5196
Posted on September 25, 2025 by Barry Zalma
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Judicial Proceeding Privilege Limits Litigation
In David Camp, and Laura Beth Waller v. Professional Employee Services, d/b/a Insurance Branch, and Brendan Cassity, CIVIL No. 24-3568 (RJL), United States District Court, District of Columbia (September 22, 2025) a defamation lawsuit filed by David Camp and Laura Beth Waller against Insurance Branch and Brendon Cassity alleging libel based on statements made in a letter accusing them of mishandling funds and demanding refunds and investigations.
The court examined whether the judicial proceedings privilege applieD to bar the defamation claims.
Case background:
Plaintiffs Camp and Waller, executives of NOSSCR and its Foundation, sued defendants Insurance Branch and Cassity over a letter alleging financial misconduct and demanding refunds and audits. The letter ...
Misrepresentation or Concealment of a Material Fact Supports Rescission
Post 5195
Don’t Lie to Your Insurance Company
See the full video at and at https://rumble.com/v6zefq8-untrue-application-for-insurance-voids-policy.html and at https://zalma.com/blog plus more than 5150 posts.
In Imani Page v. Progressive Marathon Insurance Company, No. 370765, Court of Appeals of Michigan (September 22, 2025) because defendant successfully established fraud in the procurement, and requested rescission, the Court of Appeals concluded that the Defendant was entitled to rescind the policy and declare it void ab initio.
FACTS
Plaintiff's Application:
Plaintiff applied for an insurance policy with the defendant, indicating that the primary use of her SUV would be for "Pleasure/Personal" purposes.
Misrepresentation:
Plaintiff misrepresented that she would not use the SUV for food delivery, but records show she was compensated for delivering food.
Accident:
Plaintiff's SUV was involved in an accident on August ...
How a Need for Profit Led Health Care Providers to Crime
Post 5185
Posted on September 8, 2025 by Barry Zalma
See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q
This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers.
The Dishonest Chiropractor/Physician
How a Need for Profit Led Health Care Providers to Crime
See the full video at and at
This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
How Elderly Doctors Fund their ...
How a Need for Profit Led Health Care Providers to Crime
Post 5185
Posted on September 8, 2025 by Barry Zalma
See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q
This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers.
The Dishonest Chiropractor/Physician
How a Need for Profit Led Health Care Providers to Crime
See the full video at and at
This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
How Elderly Doctors Fund their ...
Barry Zalma: Insurance Claims Expert Witness
Posted on September 3, 2025 by Barry Zalma
The Need for a Claims Handling Expert to Defend or Prove a Tort of Bad Faith Suit
© 2025 Barry Zalma, Esq., CFE
When I finished my three year enlistment in the US Army as a Special Agent of US Army Intelligence in 1967, I sought employment where I could use the investigative skills I learned in the Army. After some searching I was hired as a claims trainee by the Fireman’s Fund American Insurance Company. For five years, while attending law school at night while working full time as an insurance adjuster I became familiar with every aspect of the commercial insurance industry.
On January 2, 1972 I was admitted to the California Bar. I practiced law, specializing in insurance claims, insurance coverage and defense of claims against people insured and defense of insurance companies sued for breach of contract and breach of the implied covenant of good faith and fair dealing. After 45 years as an active lawyer, I asked that my license to practice law be declared inactive ...
