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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Concealing a Weapon Used in a Murder is an Intentional & Criminal Act
Post 5002
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In Howard I. Rosenberg; Kimberly L. Rosenberg v. Chubb Indemnity Insurance Company Howard I. Rosenberg; Kimberly L. Rosenberg; Kimberly L. Rosenberg; Howard I. Rosenberg v. Hudson Insurance Company, No. 22-3275, United States Court of Appeals, Third Circuit (February 11, 2025) the Third Circuit resolved whether the insurers owed a defense for murder and acts performed to hide the fact of a murder and the murder weapon.
FACTUAL BACKGROUND
Adam Rosenberg and Christian Moore-Rouse befriended one another while they were students at the Community College of Allegheny County. On December 21, 2019, however, while at his parents’ house, Adam shot twenty-two-year-old Christian in the back of the head with a nine-millimeter Ruger SR9C handgun. Adam then dragged...
Renewal Notices Sent Electronically Are Legal, Approved by the State and Effective
Post 5000
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Washington state law allows insurers to deliver insurance notices and documents electronically if the party has affirmatively consented to that method of delivery and has not withdrawn the consent. The Plaintiffs argued that the terms and conditions statement was not “conspicuous” because it was hidden behind a hyperlink included in a single line of small text. The court found that the statement was sufficiently conspicuous as it was bolded and set off from the surrounding text in bright blue text.
In James Hughes et al. v. American Strategic Insurance Corp et al., No. 3:24-cv-05114-DGE, United States District Court (February 14, 2025) the USDC resolved the dispute.
The court’s reasoning focused on two main points:
1 whether the ...
Rescission in Michigan Requires Preprocurement Fraud
Post 4999
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Lie About Where Vehicle Was Garaged After Policy Inception Not Basis for Rescission
This appeal turns on whether fraud occurred in relation to an April 26, 2018 renewal contract for a policy of insurance under the no-fault act issued by plaintiff, Encompass Indemnity Company (“Encompass”).
In Samuel Tourkow, by David Tourkow v. Michael Thomas Fox, and Sweet Insurance Agency, formerly known as Verbiest Insurance Agency, Inc., Third-Party Defendant-Appellee. Encompass Indemnity Company, et al, Nos. 367494, 367512, Court of Appeals of Michigan (February 12, 2025) resolved the claims.
The plaintiff, Encompass Indemnity Company, issued a no-fault insurance policy to Jon and Joyce Fox, with Michael Fox added as an additional insured. The dispute centers on whether fraud occurred in...
Insurance Fraud Leads to Violent Crime
Post 4990
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CRIMINAL CONDUCT NEVER GETS BETTER
In The People v. Dennis Lee Givens, B330497, California Court of Appeals, Second District, Eighth Division (February 3, 2025) Givens appealed to reverse his conviction for human trafficking and sought an order for a new trial.
FACTS
In September 2020, Givens matched with J.C. on the dating app “Tagged.” J.C., who was 20 years old at the time, had known Givens since childhood because their mothers were best friends. After matching, J.C. and Givens saw each other daily, and J.C. began working as a prostitute under Givens’s direction.
Givens set quotas for J.C., took her earnings, and threatened her when she failed to meet his demands. In February 2022, J.C. confided in her mother who then contacted the Los Angeles Police Department. The police ...
Police Officer’s Involvement in Insurance Fraud Results in Jail
Post 4989
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Von Harris was convicted of bribery, forgery, and insurance fraud. He appealed his conviction and sentence. His appeal was denied, and the Court of Appeals upheld the conviction.
In State Of Ohio v. Von Harris, 2025-Ohio-279, No. 113618, Court of Appeals of Ohio, Eighth District (January 30, 2025) the Court of Appeals affirmed the conviction.
FACTUAL BACKGROUND
On January 23, 2024, the trial court sentenced Harris. The trial court sentenced Harris to six months in the county jail on Count 15; 12 months in prison on Counts 6, 8, 11, and 13; and 24 months in prison on Counts 5 and 10, with all counts running concurrent to one another for a total of 24 months in prison. The jury found Harris guilty based on his involvement in facilitating payments to an East Cleveland ...
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To Dispute an Arbitration Finding Party Must File Dispute Within 20 Days
Post 4988
EXCUSABLE NEGLECT SUFFICIENT TO DISPUTE ARBITRATION LATE
In Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company, No. 4D2023-2720, Florida Court of Appeals, Fourth District (January 22, 2025) the Housens appealed a final judgment in their breach of contract action.
FACTS
The Housens filed an insurance claim with Universal, which was denied, leading them to file a breach of contract action. The parties agreed to non-binding arbitration which resulted in an award not
favorable to the Housens. However, the Housens failed to file a notice of rejection of the arbitration decision within the required 20 days. Instead, they filed a motion for a new trial 29 days after the arbitrator’s decision, citing a clerical error for the delay.
The circuit court ...
