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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Plaintiff’s Sloth Results in Dismissal
Post 4977
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State Farm Fire & Casualty Company moved the USDC to dismiss under Federal Rule of Civil Procedure 41(b) because the Plaintiff failed to comply with the court’s Case Management Order (“CMO”).
In Hensley Roosevelt v. State Farm Fire & Casualty Co., No. 2:22-CV-05649, United States District Court, W.D. Louisiana, Lake Charles Division (January 10, 2025) the USDC resolved the dispute.
BACKGROUND
After the Plaintiff alleged damage to his home in Hurricane Laura on August 27, 2020, and Hurricane Delta, which impacted the same area on October 9, 2020, Plaintiff, represented by attorney Harry Cantrell, filed suit on October 10, 2022, alleging that his home was insured by State Farm and that State Farm failed to timely or adequately compensate him for covered losses.
Due to ...
Breach of Contract Required to Sue for Bad Faith
Post 4975
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Foremost Insurance Company Grand Rapids, Michigan (“Foremost”) moved the court to dismiss in C & S Properties – I, LLC v. Foremost Insurance Company Grand Rapids, Michigan, Civil Action No. 24-462, United States District Court, E.D. Louisiana (January 10, 2025)
FACTUAL BACKGROUND
Damages from Hurricane Ida caused insurance claims concerning three properties owned by Plaintiff. The properties were each covered by separate insurance policies issued by Foremost when they were damaged by Hurricane Ida in August 2021.
Plaintiff alleged that, while Foremost has been in possession of sufficient evidence of the losses or had the opportunity to fully apprise itself of the actual losses and damages, it has failed to pay the amount due under the policies required by Louisiana law.
Plaintiff ...
Allstate Proactively Moves to Take the Profit Out of Insurance Fraud
Post 4974
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THE ISSUES
The New Jersey Superior Court, Appellate Division was faced with a need to resolve whether claims of insurance fraud under the Insurance Fraud Prevention Act (the Fraud Act), N.J.S.A. 17:33A-1 to -30, and the New Jersey Anti-Racketeering Act (RICO), N.J.S.A. 2C:41-1 to -6.2, are subject to arbitration under the Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1.1 to -35.
In Allstate New Jersey Insurance Company, et al v. Carteret Comprehensive Medical Care, PC, et al, No. A-0778-23, Superior Court of New Jersey, Appellate Division (January 9, 2025) resolved the issues presented requiring statutory interpretation., The Superior Court Appellate Division held that insurance fraud claims under the Fraud Act and RICO are not subject to PIP ...
What is the Meaning of “Void”
An article For Subscribers to Excellence in Claims Handling You can Subscribe for only $5 a month to Excellence in Claims Handling at https://barryzalma.substack.com/subscribe
“Void” can mean either void or voidable. Void is defined as “of no legal force or effect and so incapable of confirmation or ratification.”
Voidable is defined as “capable of being adjudged void, invalid and of no force (a voidable contract may be set aside usually at the option of one party).”[1] The Restatement 2d of Contracts defines a “voidable contract” as a valid transaction with legal consequences until the power of avoidance is exercised.
Although jurisdictions are split as to the meaning of void in this context the distinction is largely semantic since the actions required of insurers wishing to dispose of a void or voidable insurance contract are ultimately the same.
The full article is available only to subscribers to Excellence in Claims ...
What is the Meaning of “Void”
An article For Subscribers to Excellence in Claims Handling You can Subscribe for only $5 a month to Excellence in Claims Handling at https://barryzalma.substack.com/subscribe
“Void” can mean either void or voidable. Void is defined as “of no legal force or effect and so incapable of confirmation or ratification.”
Voidable is defined as “capable of being adjudged void, invalid and of no force (a voidable contract may be set aside usually at the option of one party).”[1] The Restatement 2d of Contracts defines a “voidable contract” as a valid transaction with legal consequences until the power of avoidance is exercised.
Although jurisdictions are split as to the meaning of void in this context the distinction is largely semantic since the actions required of insurers wishing to dispose of a void or voidable insurance contract are ultimately the same.
The full article is available only to subscribers to Excellence in Claims ...
ZIFL Volume 28 No. 22
Post 4939
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The Source for the Insurance Fraud Professional https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf
Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th 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/ This issue contains the following articles about insurance fraud:
The EUO is a Material Condition Precedent
A Key Tool in the Effort to ...
