Defendant Moved for Acquittal and New Trial
Post 4863
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Defendant Chiagoziem Kizito Okeke (“Okeke”) was charged with two counts: conspiracy to commit wire fraud and conspiracy to commit money laundering. He was convicted by a jury and moved the court for acquittal or a new trial in United States v. Chiagoziem Kizito Okeke, No. 4:21-CR-253(29), the United States District Court, E.D. Texas (August 21, 2024) ruled on the motion.
FACTS
The government charged Okeke participated in a multitude of fraudulent schemes to unlawfully obtain money from their victims, including online romance scams, business email compromise and investor fraud, healthcare and prescription fraud, and unemployment insurance fraud. Further it charged that Okeke, along with others, “did knowingly and willfully combine, conspire, confederate, and agree to commit wire fraud against the United States”. Additionally, the Second Superseding Indictment asserted that Okeke, along with others, not only coordinated how to receive money from victims, but also how to disguise, disburse, and launder that money once victims were defrauded.
Okeke orally moved for a judgment of acquittal after the United States rested. The Court denied Okeke’s oral motion. Following a thirteen-day jury trial, the jury returned its verdict and found Okeke guilty on both Count One and Count Two.
Motion for Acquittal
A Rule 29 motion for judgment of acquittal challenges the sufficiency of the evidence to convict. The issue is whether, viewing the evidence in the light most favorable to the verdict, a rational finder of fact could have found the essential elements of the offense charged beyond a reasonable doubt. The fact finder is free to choose among reasonable constructions of the evidence and it retains the sole authority to weigh any conflicting evidence and to evaluate the credibility of the witnesses.
Motion for New Trial
The court may vacate any judgment and grant a new trial if the interest of justice so requires. Generally, motions for new trial are disfavored and must be reviewed with great caution. A new trial is proper only where the defendant’s “substantial rights” have been harmed-either based on a single error or the cumulative effect of multiple errors.
ANALYSIS
Although the United States introduced several bank accounts belonging to Okeke at trial, he claimed that “no evidence [was] presented to the jury that any money from any victim entered his bank accounts.” Further, Okeke asserts that no text messages or WhatsApp chats “prove[d] beyond a reasonable doubt that he had an agreement with his brother or anyone else to commit wire fraud.” Additionally, Okeke contended that two witnesses (and co-defendants) for the United States, testified that Okeke did not commit any illegal activity. Finally, Okeke stated that he testified in his own defense, as a credible witness, that he did not agree (with anyone) “to commit the offense of wire fraud”.
The United States presented evidence regarding the discrepancy between Okeke’s total net bank deposits and income reported to the Internal Revenue Service. The Court found that the evidence presented was sufficient to support the guilty verdict. Okeke’s motion argued that the evidence presented does not establish beyond a reasonable doubt a scheme to defraud and a specific intent to defraud. Viewing the evidence in the light most favorable to the verdict, the Court determined that the jury could find Okeke guilty based on the evidence presented.
The United States claimed that a new trial was not appropriate for several reasons. The United States claims that it consistently and diligently provided discovery pursuant to its obligations.
The Court’s denial of Okeke’s motion for continuance does not warrant a new trial because Okeke has not shown that he experienced a specific and compelling or serious prejudice. A claim of prejudice to a party from the denial of a motion for continuance requires specific contentions of prejudice.
Although Okeke claims that he experienced “irreparable harm” from his inability to formulate a defense he has not identified any specific defensive measures he would have taken. Okeke has not offered specific contentions of prejudice from the Court’s denial of his motion for continuance.
It was therefore ORDERED that Defendant’s Motion for Acquittal and Motion for New Trial were denied.
ZALMA OPINION
Fraud perpetrators, by definition, have chutzpah (unmitigated gall) and cannot believe they were arrested, let alone taken to trial and verdict. The jury convicted him on all counts charged and, with the money obtained from his fraud, moved the court to set aside the verdict of the jury. Fraud hurting the elderly as well as insurers deserves a sentence that requires time in prison and restitution of the victims of his crimes.
(c) 2024 Barry Zalma & ClaimSchool, Inc.
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Concurrent Cause Doctrine Does Not Apply When all Causes are Excluded
Post 5119
Death by Drug Overdose is Excluded
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Southern Insurance Company Of Virginia v. Justin D. Mitchell, et al., No. 3:24-cv-00198, United States District Court, M.D. Tennessee, Nashville Division (October 10, 2024) Southern Insurance Company of Virginia sought a declaratory judgment regarding its duty to defend William Mitchell in a wrongful death case pending in California state court.
KEY POINTS
1. Motion for Judgment on the Pleadings: The Plaintiff moved for judgment on the pleadings, which was granted in part and denied in part.
2. Duty to Defend: The court found that the Plaintiff has no duty to defend William Mitchell in the California case due to a specific exclusion in the insurance policy.
3. Duty to Indemnify: The court could not determine at this stage whether the Plaintiff had a duty to ...
GEICO Sued Fraudulent Health Care Providers Under RICO and Settled with the Defendants Who Failed to Pay Settlement
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Post 5119
Default of Settlement Agreement Reduced to Judgment
In Government Employees Insurance Company, Geico Indemnity Company, Geico General Insurance Company, and Geico Casualty Company v. Dominic Emeka Onyema, M.D., DEO Medical Services, P.C., and Healthwise Medical Associates, P.C., No. 24-CV-5287 (PKC) (JAM), United States District Court, E.D. New York (July 9, 2025)
Plaintiffs Government Employees Insurance Company and other GEICO companies (“GEICO”) sued Defendants Dominic Emeka Onyema, M.D. (“Onyema”), et al (collectively, “Defendants”) alleging breach of a settlement agreement entered into by the parties to resolve a previous, fraud-related lawsuit (the “Settlement Agreement”). GEICO moved the court for default judgment against ...
ZIFL – Volume 29, Issue 14
Post 5118
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You can read the full 20 page issue of the July 15, 2025 issue at https://lnkd.in/giaSdH29
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
This issue contains the following articles about insurance fraud:
The Historical Basis of Punitive Damages
It is axiomatic that when a claim is denied for fraud that the fraudster will sue for breach of contract and the tort of bad faith and seek punitive damages.
The award of punitive-type damages was common in early legal systems and was mentioned in religious law as early as the Book of Exodus. Punitive-type damages were provided for in Babylonian law nearly 4000 years ago in the Code of Hammurabi.
You can read this article and the full 20 page issue of the July 15, 2025 issue at https://zalma.com/blog/wp-content/uploads/2025/07/ZIFL-07-15-2025.pdf
Insurer Refuses to Submit to No Fault Insurance Fraud
...
Rulings on Motions Reduced the Issues to be Presented at Trial
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CASE OVERVIEW
In Richard Bernier v. State Farm Mutual Automobile Insurance Company, No. 4:24-cv-00002-GMS, USDC, D. Alaska (May 28, 2025) Richard Bernier made claim under the underinsured motorist (UIM) coverage provided in his State Farm policy, was not satisfied with State Farm's offer and sued. Both parties tried to win by filing motions for summary judgment.
FACTS
Bernier was involved in an auto accident on November 18, 2020, and sought the maximum available UIM coverage under his policy, which was $50,000. State Farm initially offered him $31,342.36, which did not include prejudgment interest or attorney fees.
Prior to trial Bernier had three remaining claims against State Farm:
1. negligent and reckless claims handling;
2. violation of covenant of good faith and fair dealing; and
3. award of punitive damages.
Both Bernier and State Farm dispositive motions before ...
ZIFL Volume 29, Issue 10
The Source for the Insurance Fraud Professional
See the full video at https://lnkd.in/gK_P4-BK and at https://lnkd.in/g2Q7BHBu, and at https://zalma.com/blog and at https://lnkd.in/gjyMWHff.
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ You can read the full issue of the May 15, 2025 issue at http://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-05-15-2025.pdf
This issue contains the following articles about insurance fraud:
Health Care Fraud Trial Results in Murder for Hire of Witness
To Avoid Conviction for Insurance Fraud Defendants Murder Witness
In United States of America v. Louis Age, Jr.; Stanton Guillory; Louis Age, III; Ronald Wilson, Jr., No. 22-30656, United States Court of Appeals, Fifth Circuit (April 25, 2025) the Fifth Circuit dealt with the ...
Professional Health Care Services Exclusion Effective
Post 5073
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This opinion is the recommendation of a Magistrate Judge to the District Court Judge and involves Travelers Casualty Insurance Company and its duty to defend the New Mexico Bone and Joint Institute (NMBJI) and its physicians in a medical negligence lawsuit brought by Tervon Dorsey.
In Travelers Casualty Insurance Company Of America v. New Mexico Bone And Joint Institute, P.C.; American Foundation Of Lower Extremity Surgery And Research, Inc., a New Mexico Corporation; Riley Rampton, DPM; Loren K. Spencer, DPM; Tervon Dorsey, individually; Kimberly Dorsey, individually; and Kate Ferlic as Guardian Ad Litem for K.D. and J.D., minors, No. 2:24-cv-0027 MV/DLM, United States District Court, D. New Mexico (May 8, 2025) the Magistrate Judge Recommended:
Insurance Coverage Dispute:
Travelers issued a Commercial General Liability ...
