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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Formulaic Recitation Of The Elements Of Civil Conspiracy Are Insufficient
Post number 5320
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In Hassan Fayad v. Liberty Mutual Insurance Company, et al., No. 2:25-cv-10930, United States District Court, E.D. Michigan, Southern Division (March 24, 2026) Plaintiff Hassan Fayad, the owner of several businesses providing transportation, diagnostics, testing, and therapy services, regularly billed insurance companies for these services, was arrested and tried for fraud, convicted, had the conviction overruled and sued the insurers and prosecutors he found responsible.
FACTUAL BACKGROUND
By January 2020, Liberty Mutual, Progressive, Allstate, and Esurance suspected fraudulent activity and filed a complaint with the Michigan Department of Attorney General (MDAG). The insurers alleged that Fayad and others billed Michigan auto insurance policies for profit without actually providing medically ...
Federal Courts Have Limited Jurisdiction
When all Parties Refuse Removal There is No Jurisdiction
Post number 5319
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In Beth Mayhew and Matthew Mayhew v. Vladimir Sadovyh, et al., No. 2:26-CV-04029-WJE, United States District Court, W.D. Missouri (April 6, 2026) Mayhew was involved in a trailer-truck accident with Vladimir Sadovyh, who was employed by Nova First, LLC and Globex Transport, Inc. Both companies owned the tractor-trailer involved.
FACTUAL BACKGROUND
Chubb and Mohave Transportation Insurance Company jointly issued an insurance policy covering Nova First, Globex, and Sadovyh, with EMA Risk Services acting as a third-party administrator.
Beth Mayhew sued Nova First, Globex, and Sadovyh for negligence in Missouri state court, and following a jury trial, a nuclear judgment was awarded to the Mayhews totaling ...
Ordinary Negligence is What Medical Professi0nal Liability Insures
Post number 5319
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Sexual Conduct Exclusion Doesn’t Apply When Doctor Negligently Uses His Own Sperm
In Integris Insurance Company v. Narendra B. Tohan, No. AC 47222, Court of Appeals of Connecticut (April 7, 2026) Integris Insurance Company, a medical professional liability insurer, initiated a declaratory action to determine its duty to defend and indemnify Narendra B. Tohan, a physician licensed in Connecticut, in a separate negligence action alleging medical misconduct.
FACTUAL BACKGROUND
In 2019, Kayla Suprynowicz and Reilly Flaherty (civil action plaintiffs), who were strangers for most of their lives, discovered through a genetic testing company that they are half siblings.
INSURANCE POLICY
The policy defines “Professional Services” in relevant part as “any professional medical services within the ...
ZIFL – Volume 30, Issue 7 – April 1, 2026
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314
Posted on April 1, 2026 by Barry Zalma
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th 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:
No One is Above the Law – Not Even a Police Officer
Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase
In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.
Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...
ZIFL – Volume 30, Issue 7 – April 1, 2026
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314
Posted on April 1, 2026 by Barry Zalma
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th 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:
No One is Above the Law – Not Even a Police Officer
Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase
In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.
Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...
Posted on March 30, 2026 by Barry Zalma
Insurance Fraud, a Way to Reduce Violent Crime
Post number 5313
A Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story helps 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.
She Taught Her Customers The Swoop And Squat:
Recently the California Insurance Department’s Fraud Division arrested a young woman in Los Angeles County for operating an insurance fraud school. She advertised her classes in the “Penny Saver” an advertising sheet distributed free to the public and a print version of Facebook, X Craig’s list. She had operated for several years teaching methods of committing automobile insurance fraud. Only after a police officer enrolled in one of her classes was she arrested.
Her defense ...