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March 20, 2025
Guilty of Forgery Affirmed

8 Years in Prison for Forgery to Establish Non-Existent Counseling

Jail House Lawyer Fails

Post 5024

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In The People Of The State Of Illinois v. Robert A. Moylan, 2025 IL App (3d) 230248-U, No. 3-23-0248, Court of Appeals of Illinois (March 11, 2025) Robert A. Moylan was found guilty of seven counts of forgery for signing and delivering false documents stating that his clients had successfully completed court-ordered counseling services.

Moylan was sentenced to an aggregate term of eight years’ imprisonment. He appealed, claiming several errors by the court, including the denial of his motions to suppress eavesdrop recordings and evidence seized from his offices, and the denial of his request for a public defender at sentencing.

Acting as his own attorney Defendant appealed, claiming the court erred in (1) denying his motion to suppress eavesdrop recordings of counseling sessions, (2) denying his motion to suppress evidence seized from his offices, (3) allowing a client to testify about statements he made during counseling sessions, (4) denying his request for the public defender at sentencing, (5) ordering him to serve an aggregate term of eight years in prison, and (6) entering convictions on six counts of forgery in violation of the one-act, one-crime rule.

BACKGROUND

In August 2017, defendant was indicted on seven counts of forgery. The indictments alleged that in July 2016 and February 2017, defendant created and delivered letters which falsely stated that David Molenkamp and Christopher Merkes completed court-ordered counseling for driving under the influence (DUI), made false insurance claims to obtain payment for the services, and knowingly devised a scheme to defraud BlueCross BlueShield of Illinois (BCBS).

Trial Proceedings

Following the State’s case-in-chief, defendant rested. The jury found defendant guilty of forgery on all seven counts and not guilty of insurance fraud, aggravated insurance fraud, and wire fraud.

ANALYSIS

Trial Judge Marchese concluded that the application was legally sufficient. The application, as found in the record on appeal, supports that finding. Investigator York’s 18-page submission provided a detailed description of her conversations with Molenkamp’s ex-girlfriend, as well as her conversations with Molenkamp, and included information regarding her conversations with defendant.

Fourth Amendment Violations

A valid search warrant must state with particularity the place to be searched and the persons or things to be seized. Generally, when property of a specified nature is to be seized rather than particular property,then a description of its characteristics is sufficient.

On the merits, the warrants satisfied the particularity requirement. Whether the necessary probable cause existed is governed by common sense considerations that are factual and practical, not by technical nuances. Based on York’s application describing the circumstances of her investigation and the conversations she had with Pascale, Molenkamp, and defendant, the issuing judge had a sufficient basis upon which to conclude that probable cause existed to search defendant’s offices.

Defendant’s Right to Counsel of Choice

Defendant next challenges the denial of his posttrial motion and his sentence based on the violation of his sixth amendment right to counsel of choice.

Excessive Sentence

In determining an appropriate sentence, the circuit court must consider all relevant factors in mitigation and aggravation and balance the retributive and rehabilitative purposes of the punishment. Defendant was sentenced to five years’ imprisonment, a sentence within the statutory range for forgery, a Class 3 felony.

The court found no error in the denial of the motions to suppress and concluding that the evidence obtained was legally sufficient. The court also found that the admission of witness testimony regarding statements Moylan made during counseling sessions was not plain error. Additionally, the court ruled that Moylan’s forgery convictions did not violate the one-act, one-crime rule, and that his eight-year aggregate sentence was not excessive or improper.

Held: (1) The circuit court did not err in denying defendant’s motion to suppress eavesdrop recordings of counseling sessions; (2) the circuit court properly denied defendant’s motion to suppress evidence seized from his offices; (3) admission of witness’s testimony regarding comments defendant made during counseling session was not plain error; (4) the circuit court properly denied defendant’s posttrial choice-of-counsel request; and (5) defendant’s forgery convictions did not violate the one-act, one-crime rule.

The judgment of the circuit court of Du Page County was affirmed and the eight-year aggregate sentence was not excessive or improper.

ZALMA OPINION

People who commit fraudulent acts, even after they are caught, tried and convicted, have the type of chutzpah that would exceed the gall of a man who murdered his parents and after conviction asked for mercy because he’s an orphan. To bring these motions and require the Court of Appeals to write an opinion in detail on all of his weak arguments is contumacious. Yet, it is important because it make clear in Illinois that these arguments should never be brought again and Moylan should have been happy that he was found not guilty of the insurance fraud counts.

(c) 2025 Barry Zalma & ClaimSchool, Inc.

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00:09:32
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Zalma’s Insurance Fraud Letter – June 1, 2025

ZIFL – Volume 29, Issue 11
The Source for the Insurance Fraud Professional
Posted on June 2, 2025 by Barry Zalma

Post 5087

See the full video at and at

Read the full article and the full issue of ZIFL June 1, 2025 at https://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-06-01-2025.pdf

Zalma’s Insurance Fraud Letter – June 1, 2025

See the full video at https://lnkd.in/gw-Hgww9 and at https://lnkd.in/gF8QAq4d, and at https://zalma.com/blog plus more than 5050 posts.

ZIFL – Volume 29, Issue 11

The Source for the Insurance Fraud Professional

Read the full article and the full issue of ZIFL June 1, 2025 at https://lnkd.in/gTWZUnnF

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 ...

00:08:42
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May 30, 2025
Plain Language of Policy Enforced

No Coverage if Home Vacant for More Than 60 Days

Failure to Respond To Counterclaim is an Admission of All Allegations

Post 5085

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In Nationwide Mutual Insurance Company v. Rebecca Massey, Civil Action No. 2:25-cv-00124, United States District Court, S.D. West Virginia, Charleston Division (May 22, 2025) Defendant Nationwide Mutual Insurance Company's (“Nationwide”) motion for Default Judgment against Plaintiff Rebecca Massey (“Plaintiff”) for failure to respond to a counterclaim and because the claim was excluded by the policy.

BACKGROUND

On February 26, 2022, Plaintiff's home was destroyed by a fire. At the time of this accident, Plaintiff had a home insurance policy with Nationwide. Plaintiff reported the fire loss to Nationwide, which refused to pay for the damages under the policy because the home had been vacant for more than 60 days.

Plaintiff filed suit ...

00:06:50
May 15, 2025
Zalma's Insurance Fraud Letter - May 15, 2025

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
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Health Care Fraud Trial Results in Murder for Hire of Witness

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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 ...

May 15, 2025
CGL Is Not a Medical Malpractice Policy

Professional Health Care Services Exclusion Effective

Post 5073

See the full video at https://lnkd.in/g-f6Tjm5 and at https://lnkd.in/gx3agRzi, and at https://zalma.com/blog plus more than 5050 posts.

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.

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Insurance Coverage Dispute:

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April 30, 2025
The Devil’s in The Details

A Heads I Win, Tails You Lose Story
Post 5062

Posted on April 30, 2025 by Barry Zalma

"This is a Fictionalized True Crime Story of Insurance Fraud that explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help everyone to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the ­­­Perpetrators than any Other Crime."

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