Criminal Defendant Unable to Change Plea of Guilty
Barry Zalma
Oct 23, 2023
Read the full article at https://lnkd.in/gp-e_2m8 and see the full video at https://lnkd.in/g7ypJe-g and at https://lnkd.in/gYGMsRra and at https://zalma.com/blog plus more than 4600 posts.
Defendant Carlo Amato appealed from a March 24, 2022 order denying his motion to withdraw his guilty plea. In State Of New Jersey v. Carlo Amato, No. A-2788-21, Superior Court of New Jersey, Appellate Division (October 10, 2023) dealt with the intent to withdraw Amato’s guilty plea.
FACTUAL BACKGROUND
In October 2017, Amato was indicted by a Grand Jury for four counts of second-degree healthcare claim fraud; two counts of third-degree theft by deception; third-degree possession of a controlled dangerous substance; five counts of second-degree theft by deception; second-degree insurance fraud; and two counts of first-degree financial facilitation of criminal activity. Two months later, defendant was charged with second-degree financial facilitation of criminal activity; second-degree theft by deception; and fourth degree making a false written statement. These additional charges stemmed from defendant allegedly filing false disability claims.
Following issuance of an arrest warrant and execution of a search warrant at defendant’s residence in December 2017, he was charged with second-degree financial facilitation of criminal activity and fourth-degree possession of a fictitious driver’s license prompting the State to move for his pretrial detention.
After the state multiplied the charges against Amato for multiple crimes, knowing he was guilty and had no chance of a defense verdict, in April 2018, Amato accepted a plea offer from the State to plead guilty to one count of first-degree financial facilitation of criminal activity and one count of second-degree theft by deception under Accusation, a small part of the charges in the indictments.
Before he entered his guilty pleas, the State outlined the terms of the plea offer on the record, stating that in exchange for defendant’s guilty pleas, it would: dismiss all other pending charges; allow defendant to exculpate his wife; recommend a ten-year prison term with a five-year parole disqualifier on the first-degree offense, to run consecutive to a flat five-year term on the second-degree theft charge; recommend that defendant’s aggregate sentence run concurrent to a sentence due to be imposed on his pending federal charges; and consent to delay defendant’s sentencing on state charges until after his sentencing on federal charges.
SECOND THOUGHTS
In April 2020 Amato moved to withdraw his guilty pleas to the two state charges, contending his reasonable sentence credit. Defendant argued he was denied effective assistance of counsel because plea counsel failed to advise him duplicate jail credits could not be awarded on his consecutive state sentences. Defendant certified that if plea counsel had advised him that he was not entitled to a duplicate award of 511 credits, he would not have accepted the plea offer from the State and would have insisted on going to trial.
THE TRIAL JUDGE
Additionally, the judge determined “[d]efendant received a host of benefits” when he accepted the State’s plea offer and none of those benefits “w[ere] affected by the number of jail credits awarded for his state sentences.” Therefore, he concluded there was no “reasonable likelihood [d]efendant would have insisted on going to trial, even if his claim that he was misadvised as to the award of jail credits had merit.”
When a motion to withdraw a guilty plea is filed after sentencing, a trial court may only vacate a guilty plea to correct a manifest injustice.
The judge properly denied defendant’s motion after finding the rules were followed at the time of defendant’s plea hearing. Here, the judge carefully considered the argument and not one of the proposed errors supported withdrawal of defendant’s pleas under the “manifest injustice” standard.
Under these circumstances, and aware the judge chose to – but was not obliged to – revisit defendant’s aggregate sentence before directing defendant’s state sentences to run concurrently, we perceive no reason to disturb the judge’s finding.
ZALMA OPINION
It is annoying to me, and to the trial and appellate court, when the state puts together a case to charge a person with fraud when the state provides an offer of a plea to lesser charges only to have the defendant, like Mr. Amato, to change his plea. If the judge agreed he could have forced Amato to trial and if convicted a much greater prison term or, what the court did here, was to deny the attempt to withdraw the appeal. People who commit insurance fraud and have no qualms, even after admitting to the crime, to try to get out of the jail sentence. Mr. Amato’s attempt failed.
(c) 2023 Barry Zalma & ClaimSchool, Inc.
Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.
Subscribe to Excellence in Claims Handling at locals.com at https://zalmaoninsurance.locals.com/subscribe or at substack at https://barryzalma.substack.com/publish/post/107007808
Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01
Follow me on LinkedIn: http://www.linkedin.com/comm/mynetwork/discovery-see-all...
Daily articles are published at https://zalma.substack.com.
Go to the podcast Zalma On Insurance at https://podcasters.spotify.com/pod/show/barry-zalma/support; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – http://zalma.com/blog/insurance-claims-l
Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to Excellence in Claims Handling at locals.com at https://lnkd.in/gfFKUaTf or at substack at https://lnkd.in/gcZKhG6g; Videos at Rumble.com at https://rumble.com/zalma; Go to https://lnkd.in/g8azKc34;
The Insurance Claims Library – https://lnkd.in/gziTwddb
Interpleader Protects All Claimants Against Life Policy and the Insurer
Who’s on First to Get Life Insurance Proceeds
Post 5184
See the full video at https://lnkd.in/gyxQfnUz and at https://lnkd.in/gAd3wqWP, and at https://zalma.com/blog plus more than 5150 posts.
Go to X @bzalma; Go to Barry Zalma videos at Rumble.com at https://lnkd.in/gRthzSnT; Go to Barry Zalma on YouTube- https://lnkd.in/g2hGv88; Go to the Insurance Claims Library – https://lnkd.in/gwEYk.
Interpleader Protects All Claimants Against Life Policy and the Insurer
In Metropolitan Life Insurance Company v. Selena Sanchez, et al, No. 2:24-cv-03278-TLN-CSK, United States District Court, E.D. California (September 3, 2025) the USDC applied interpleader law.
Case Overview
This case involves an interpleader action brought by the Metropolitan Life Insurance Company (Plaintiff-in-Interpleader) against Selena Sanchez and other defendants (Defendants-in-Interpleader).
Key Points
Plaintiff-in-Interpleader’s Application:
The Plaintiff-in-Interpleader...
A Claim by Any Other Name is not a Claim
Post 5182
It is Imperative that Insured Report Potential Claim to Insurers
Read the full article at https://lnkd.in/gfbwAsxw, See the full video at https://lnkd.in/gea_hgB3 and at https://lnkd.in/ghZ7gjxy, and at https://zalma.com/blog plus more than 5150 posts.
In Jeffrey B. Scott v. Certain Underwriters At Lloyd’s, London, Subscribing To Policy No. B0901li1837279, RLI Insurance Company, Certain Underwriters At Lloyds, London And The Insurance Company, Subscribing To Policy No. B0180fn2102430, No. 24-12441, United States Court of Appeals, Eleventh Circuit (August 25, 2025) the court explained the need for a claim to obtain coverage.
Case Background:
This appeal arises from a coverage dispute under a Directors & Officers (D&O) insurance policy. Jeffrey B. Scott, the plaintiff-appellant, was terminated from his role as CEO, President, and Secretary of Gemini Financial Holdings, LLC in October 2019. Following his termination, Scott threatened legal action against Gemini, and ...
A Claim by Any Other Name is not a Claim
Post 5182
It is Imperative that Insured Report Potential Claim to Insurers
Read the full article at https://lnkd.in/gfbwAsxw, See the full video at https://lnkd.in/gea_hgB3 and at https://lnkd.in/ghZ7gjxy, and at https://zalma.com/blog plus more than 5150 posts.
In Jeffrey B. Scott v. Certain Underwriters At Lloyd’s, London, Subscribing To Policy No. B0901li1837279, RLI Insurance Company, Certain Underwriters At Lloyds, London And The Insurance Company, Subscribing To Policy No. B0180fn2102430, No. 24-12441, United States Court of Appeals, Eleventh Circuit (August 25, 2025) the court explained the need for a claim to obtain coverage.
Case Background:
This appeal arises from a coverage dispute under a Directors & Officers (D&O) insurance policy. Jeffrey B. Scott, the plaintiff-appellant, was terminated from his role as CEO, President, and Secretary of Gemini Financial Holdings, LLC in October 2019. Following his termination, Scott threatened legal action against Gemini, and ...
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 ...
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 and became a consultant and expert witness for lawyers representing insurers and lawyers ...
APPRAISAL AWARD SETS AMOUNT OF DAMAGES RECOVERED FROM INSURER
Post 5180
See the full video at https://rumble.com/v6yd2z0-evidence-required-to-prove-breach-of-contract.html and at https://youtu.be/2ywEjs3hZsw, and at https://zalma.com/blog plus more than 5150 posts.
It’s a Waste of Time to Sue Your Insurer if You Don’t Have Evidence
Evidence Required to Prove Breach of Contract
Read the full article at https://www.linkedin.com/pulse/evidence-required-prove-breach-contract-barry-zalma-esq-cfe-rfelc, see the full video at https://rumble.com/v6yd2z0-evidence-required-to-prove-breach-of-contract.html and at https://youtu.be/2ywEjs3hZsw, and at https://zalma.com/blog plus more than 5150 posts.
It’s a Waste of Time to Sue Your Insurer if You Don’t Have Evidence
In Debbie Beaty and Jonathan Hayes v. Homeowners Of America Insurance Company, No. 01-23-00844-CV, Court of Appeals of Texas, First District (August 26, 2025) Debbie Beaty and Jonathan Hayes filed a claim under their homeowner’s insurance policy with Homeowners of ...
