Guilty Verdict of Mortgage Fraud Scheme Stands
Post 5010
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People Who Commit Fraud Have no Respect and Compelled the Trial Court to Deal With Dozens of Ineffective Motions
People Who Commit Fraud Have no Respect and Compelled the Trial Court to Deal With Dozens of Ineffective Motions
A jury convicted Defendant Jeffrey Young-Bey on twelve counts related to a mortgage-fraud scheme he perpetrated in the District of Columbia. Young-Bey moved for a judgment of acquittal and for a new trial. The USDC, in United States Of America v. Jeffrey M. Young-Bey, Criminal Action No. 21-661 (CKK), United States District Court, District of Columbia (February 28, 2025) found the verdict was based on convincing evidence and denied his motion.
FACTS
A mortgage-fraud scheme in the District of Columbia resulted in the conviction of Jeffrey Young-Bey on twelve counts related to the scheme, including Conspiracy to Commit Mail Fraud and Bank Fraud, Mail Fraud, Bank Fraud, Conspiracy to Launder Monetary Instruments, Expenditure Money Laundering, and Aggravated Identity Theft.
Young-Bey orchestrated a scheme to steal the title to two properties in Washington, D.C. and convinced a bank to loan money against those properties. He created fake deeds, forged signatures, and tricked the D.C. Recorder of Deeds into memorializing the fraudulent ownership. Using these fraudulent deeds, Young-Bey and his co-defendant, Martina Jones, secured loans from Hard Money Bankers.
At trial, the Government proved that Young-Bey orchestrated a scheme to steal the title to two properties in Washington, D.C. and convince a bank to loan money against those properties.
Using the fraudulent deed, Young-Bey and Jones worked together to strike a deal with Hard Money Bankers (“Hard Money”), a real-estate financier. Young-Bey and Jones lied to Hard Money, telling them that Jones had inherited the Bryant Street property and that Jones was renting it to a non-existent tenant. With the fake deed and a fake lease in hand, Young-Bey and Jones convinced Hard Money to lend Jones $350,000 against the Bryant Street Property. When Jones received the money, she wired half of it to Young-Bey at his direction. And Young-Bey used these proceeds to buy a BMW with a cashier’s check.
The jury found him guilty of conspiring to commit, and committing, frauds and confidence schemes. The entire purpose of the conspiracy and the frauds was to make forged documents and lies appear as legitimate as possible.
LEGAL STANDARD
Federal Rule of Criminal Procedure 29 permits a defendant to move for a post-verdict judgment of acquittal if the evidence presented at trial cannot sustain a conviction. The Court must presume, when considering such a motion, that the jury has properly carried out its functions of evaluating the credibility of witnesses, finding the facts, and drawing justifiable inferences.
MOTION FOR ACQUITTAL
A rational jury could have concluded that, with fraudulent documents in hand, Young-Bey felt no need to lie or obscure his identity. Viewing the evidence in the light most favorable to the Government, a rational jury could have concluded that Young-Bey acted knowingly and with the intent to defraud.
Viewing the evidence in the light most favorable to the Government, and for all the reasons stated, the Court denied Young-Bey’s Motion for Acquittal.
MOTIONS DENIED
In sum, Young-Bey is not entitled to a new trial because has not shown any error that was substantial and not harmless that affected his substantial rights.
The court’s decision was based on the sufficiency of the evidence presented at trial, which showed that Young-Bey knowingly participated in the fraudulent scheme with the intent to defraud. The court also addressed various legal standards and arguments presented by Young-Bey, ultimately finding no basis for acquittal or a new trial.
Accordingly, the Court denied Young-Bey’s Motion for a New Trial and Motion for Judgement of Acquittal.
ZALMA OPINION
I’m tired of reading cases taking up the time of courts across the USA to try, convict, argue, appeal and just annoy the legal process. Mr. Young-Bey was convicted in a fair trial before a jury of his peers of crimes relating to fraudulent actions damaging lenders to live well, profit and purchase expensive automobiles. His conviction, as described in a multi-page opinion of the USDC was founded in convincing evidence that a rational jury could only find him, as it did, guilty. May he enjoy his time in prison.
(c) 2025 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 ...
