Serial Fraudster Loses Request to Shorten Supervised Release
Post 4976
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Defendant Frank Capozzi, acting as his own lawyer, filed a letter-motion requesting early termination of his supervised release approximately 18 months into his 36-month term of supervised release.
In United States Of America v. Frank J. Capozzi, No. 3:16-CR-347, United States District Court, M.D. Pennsylvania (January 13, 2025) the USDC rejected the motion.
ANALYSIS
The primary purpose of supervised release is to facilitate the integration of offenders back into the community rather than to punish them. Congress has provided the sentencing court with the authority to terminate a defendant’s term of supervised release early pursuant to 18 U.S.C. § 3583(e).
The factors the court must consider include:
1. the nature and circumstances of the offense and the defendant’s history and characteristics;
2. the need to afford adequate deterrence to criminal conduct, protect the public from further crimes of the defendant, and provide him with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
3. the kinds of sentence and sentencing range established for the defendant’s crimes;
4. pertinent policy statements issued by the United States Sentencing Commission;
5. the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and
6. the need to provide restitution to any victims of the offense.
In the present case, on September 11,2019, Defendant Capozzi pleaded guilty to Counts 1 and 7 of the Indictment, specifically Conspiracy to Defraud the Government with Respect to Claims and Aggravated Identity Theft and Aiding and Abetting the same.
Conspiracy to Defraud the Government with Respect to Claims and Aggravated Identity Theft and Aiding and Abetting the same.
Capozzi’s convictions included his involvement in an extensive scheme from 2010 to 2014 to defraud the Department of the Treasury through the filing of false income tax returns. The falsified tax returns often used the identities of individuals, many of whom were incarcerated, who had no knowledge that returns were being filed in their name.
Since the age of 19 the most recent convictions prior to the commencement of the instant case in 2016 include a state court conviction in 2013 for “Fraud in Completing Insurance Claims; Insurance Fraud; Theft by Deception; and Conspiracy – Theft by Deception” due to Capozzi’s submission in 2011 of false employment information to Allstate Insurance to receive disability benefits to which he was not entitled.
On September 9, 2020, the USDC sentenced Capozzi to a term of incarceration of 70 months, to be followed by a term of supervised release of 3 years. Capozzi began his three-year term of supervised release in mid-2023 and has now served approximately 20-months of his supervised release term. Capozzi moved for early termination of his supervised release.
Capozzi presented little evidence that “new or unforeseen circumstances” have arisen warranting the early termination of Defendant’s supervised release.
Capozzi’s history and characteristics, and in particular his history of engaging in various types of fraudulent activity since 2010, as evidenced by his convictions in the current action as well as those in 2013 and 2014, weigh against early termination of his supervised release and demonstrate a need for continued supervision.
Defendant Capozzi’s letter-motion requesting early termination of his supervised release was denied.
ZALMA OPINION
Mr. Capozzi was a seasoned fraudster whose schemes cheated the government, the public and the insurance industry out of millions of dollars. His last conviction put him in jail for 70 months and 36 months of Supervised Release (parole). He asked the court to let him free of the supervised release but without sufficient evidence. He was a serious criminal and every time he was jailed he came out and committed more fraudulent crimes and sought mercy without any hope he will not commit more fraud.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Post 5240
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Company Overview:
USA Water & Fire Restoration, Inc. was incorporated on January 17, 2014, and dissolved on June 14, 2019, for failure to file annual reports and pay franchise taxes. It then operated under assumed names including USA Board Up & Glass Co. and USA Plumbing and Sewer. The business ...
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Post 5239
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In October 2005, Barosh set fire to his girlfriend’s Philadelphia home — some 25 hours before the cancellation of the property’s insurance policy. Several witnesses saw Barosh leaving the property shortly before the fire erupted. After the fire, Barosh made “two separate admissions of guilt.”
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Post 5238
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A Release Should Totally Resolve Dispute
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FACTS OF SETTLEMENT
On August 18, 2020, Hall signed a limited liability release under OCGA § 33-24-41.1, releasing Harvey, Dovers, and their insurer (Georgia Farm Bureau Insurance Company) from liability for the accident in exchange for $50,000, “except to the extent other insurance coverage is available which covers the claim.”
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Post 5219
Posted on October 31, 2025 by Barry Zalma
An Insurance claims professionals should be a person who:
Can read and understand the insurance policies issued by the insurer.
Understands the promises made by the policy.
Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
Are competent investigators.
Have empathy and recognize the difference between empathy and sympathy.
Understand medicine relating to traumatic injuries and are sufficiently versed in tort law to deal with lawyers as equals.
Understand how to repair damage to real and personal property and the value of the repairs or the property.
Understand how to negotiate a fair and reasonable settlement with the insured that is fair and reasonable to both the insured and the insurer.
How to Create Claims Professionals
To avoid fraudulent claims, claims of breach of contract, bad faith, punitive damages, unresolved losses, and to make a profit, insurers ...
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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 ...
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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 ...
