Zalma on Insurance
Education • Business
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.
Interested? Want to learn more about the community?
September 13, 2024
It is Dangerous for Insurance Fraudster to Ignore Court Orders

Court Orders DOJ to Indict Serial Fraudster for Criminal Contempt
Post 4890

Read the full article at https://lnkd.in/gANKyfm5, see the full video at https://lnkd.in/gHJncZe8 and at https://lnkd.in/gXjP5eUQ and at https://zalma.com/blog plus more than 4850 posts.

September 13, 2024

The USDC described Defendant Alberto Marzan as a serial fraudster who has largely managed to dodge accountability for victimizing individuals in the entertainment industry. Plaintiff Michaleen Josephs sued Marzan and his company, Press Media Group (“PMG”), after Marzan fraudulently induced Josephs to issue a series of bogus investments and other payments. When Marzan failed to respond, the Court entered default judgment for Josephs and awarded damages and equitable relief, including a requirement that Marzan divest from his enterprises and provide any future potential investors, employees, or business associates with copies of the Court’s default judgment order and his 2014 guilty plea for insurance fraud.

In Michaleen Josephs v. Alberto Jose Marzan and Press Media Group, Inc., doing business as VumaTV, CIVIL No. 21-749 (JRT/DTS), United States District Court, D. Minnesota (August 22, 2024) found its patience exhausted because Marzan has continued to defraud others using the same businesses and has not complied with the Court’s disclosure orders, all while expressing his knowledge of, and disdain for, the Court’s order.

The Court asked the United States Department of Justice to prosecute Marzan for criminal contempt.

BACKGROUND

Marzan fraudulently induced Josephs to lend him and his business, PMG, more than $250,000, which he never repaid. Josephs also rented and furnished an apartment for Marzan based on his promise to repay her, incurring nearly $50,000 in additional expenses. Marzan’s fraud was nothing new: Josephs discovered Marzan’s prior convictions for insurance and investment fraud and eight unpaid default judgments for which Marzan was responsible.

Josephs sued Marzan for violations of the Racketeering Influenced and Corrupt Organizations Act (“RICO”) predicated on mail and wire fraud, fraud, breach of contract, promissory estoppel, and abuse of process. The Court ordered default judgment for Josephs and awarded her over $800,000 in damages, interest, and attorney’s fees.

The Court entered the injunction after considering the statutory and constitutional propriety of equitable relief. The USDC found that Marzan has created an enterprise designed to skirt damages awards and is using the enterprise to intentionally evade recovery by the same people and entities harmed by the enterprise. The undisputed facts show that he takes advantage of the court’s leniency to find a new victim.

Equitable relief is appropriate when defendants take advantage of the law to shield themselves from accountability at law.

VIOLATIONS

Marzan continues to defraud employees and contractors from a business that the Court ordered him to divest from and without issuing the required disclosures. And he has done so while making clear that he is aware of, but has no regard for, the Court’s order.

DISCUSSION

Because the Court cannot let Marzan’s blatant disregard for its order go unpunished and neither compensatory nor coercive civil contempt are appropriate, the Court refers this case to the United States Attorney for a criminal contempt prosecution.

Fines would likely accomplish nothing, as Marzan habitually ignores monetary judgments.

The Court found that Marzan knew of the Court’s order and the proper mechanisms to ask the Court to reconsider, but decided he would instead disobey the order while denigrating these proceedings. He was not entitled to take matters into his own hands by unilaterally deciding to disregard the Court’s order.

The Court, therefore, requests that the United States Department of Justice prosecute Defendant Alberto Jose Marzan for criminal contempt.

ZALMA OPINION

Marzan’s actions and disrespect and failure to obey court orders is a aggressive form of chutzpah. He blatantly disobeys the orders of the court, fails to appear after receiving an order to show cause, and ignores judgments rendered against him and disobeys orders of the court. It takes a great deal of abuse to cause a U.S. District Court Judge to request the DOJ to prosecute a party before the court for criminal contempt. Hopefully the DOJ will fulfill the court’s request. Fraud should not be allowed to continue.

(c) 2024 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 my substack at https://barryzalma.substack.com/subscribe or Subscribe to my substack at https://lnkd.in/gmmzUVBy

Go to X @bzalma; Go to the Insurance Claims Library – https://lnkd.in/gwEYk

00:09:10
Interested? Want to learn more about the community?
What else you may like…
Videos
Posts
13 hours ago
Conviction for Health Insurance Fraud Upheld

Physician Conspired with Bonavilla to Effect Health Insurance Fraud

Post 5212

Read the full article at https://www.linkedin.com/pulse/conviction-health-insurance-fraud-upheld-barry-zalma-esq-cfe-2hnsc, see the video at and at and at https://zalma.com/blog plus more than 5200 posts.

Dennis Davin Bonavilla was involved in an insurance fraud scheme as an executive of Free Choice Healthcare. The scheme targeted indigent patients, often on government-assisted insurance (Medi-Cal/Medicaid), convincing them to switch to group insurance policies obtained by Free Choice. Patients were falsely represented as employees of sham companies (Drexel Group, Kingmakers) to qualify for these policies.

In The People v. Dennis Davin Bonavilla, 081765, California Court of Appeals, Fourth District, Second Division (October 9, 2025) people identified as patients of Bonavilla and Free Choice Healthcare’s patients signed documents (often without ...

00:07:36
placeholder
13 hours ago
The Zalma Philosophy of Claims Handling – Part 2

The Modern Claims Adjuster

Post 5211

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

Read the full article at https://www.linkedin.com/pulse/zalma-philosophy-claims-handling-part-2-barry-zalma-esq-cfe-ndt5c, see the video at and at and at https://zalma.com/blog plus more than 5200 posts.

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.
Adjusters After the Turn of the Century

I don’t see adjusters operating today like I, and my colleagues. were back in the late 1960’s early 1970’s. The basics of claims handling I was taught seemed to be ignored until the states, like California, found it necessary to reiterate the custom and practice I applied when I was an adjuster, with the California Fair Claims ...

00:08:19
placeholder
October 21, 2025
The Zalma Philosophy of Claims Handling – Part 2

The Modern Claims Adjuster

Post 5211

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

Read the full article at https://www.linkedin.com/pulse/zalma-philosophy-claims-handling-part-2-barry-zalma-esq-cfe-ndt5c, see the video at and at and at https://zalma.com/blog plus more than 5200 posts.

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.
Adjusters After the Turn of the Century

I don’t see adjusters operating today like I, and my colleagues. were back in the late 1960’s early 1970’s. The basics of claims handling I was taught seemed to be ignored until the states, like California, found it necessary to reiterate the custom and practice I applied when I was an adjuster, with the California Fair Claims ...

00:08:19
placeholder
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
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
October 17, 2025
Abstention Protects Against The Risk of Potentially Contradictory Fact Finding

Sometimes the Best Court Decision is to Do Nothing

Post 5209

Read the full article at https://www.linkedin.com/pulse/abstention-protects-against-risk-potentially-fact-zalma-esq-cfe-chkzc, and at https://zalma.com/blog plus more than 5200 posts.

In Starr Indemnity & Liability Company v. Scottsdale Insurance Company, No. 24-CV-3309 (PKC) (TAM), United States District Court, E.D. New York (September 30, 2025) the parties C.C.C. and HCC filed actions against Scottsdale in New York state court regarding Scottsdale’s insurance coverage obligations.

FACTS

Underlying Labor Litigation:

Hector David Campoverde sustained injuries from a scaffold fall at a construction site in Brooklyn, New York, on September 14, 2015. Campoverde, an employee of Vazquez Bro Restoration Inc., was working for C.C.C. Renovation Inc., a subcontractor of L&M Builders Group LLC.

LEGAL ISSUES

Declaratory Judgment:

Starr sought a declaratory judgment regarding Scottsdale’s obligations under the 2014-2015 and 2015-2016 policies.
Abstention ...

post photo preview
See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals