Fraudster Has no Basis to Withdraw Guilty Plea
Post 5026
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In United States Of America v. Glenn Griffin, No. 22 CR 390-1 (VB), United States District Court, S.D. New York (March 13, 2025) Glenn Griffin sought to withdraw the guilty plea he entered on August 26, 2024. During a change of plea hearing before Magistrate Judge Victoria Reznik, Griffin pleaded guilty to one count of conspiracy to commit bribery and one count of conspiracy to commit wire fraud that he wishes to change when he found out the potential sentence.
GRIFFIN’S ARGUMENTS TO WITHDRAW PLEA
Glenn Griffin made two key arguments in his motion to withdraw his guilty plea:
1. Improper Pressure from Counsel: Griffin argued that his plea was not knowing and voluntary because his prior counsel, Stephen J. McCarthy, Jr., Esq., improperly pressured him to plead guilty.
2. Intervening Developments: Griffin maintained that intervening developments since the plea hearing revealed the government’s case to be substantially weaker than he was initially led to believe by McCarthy.
FACTUAL BACKGROUND
Griffin was arrested on July 21, 2022, on an indictment that included charges of bribery and wire fraud, among others. He was accused of conspiring with Robert Dyckman, an employee of the Town of Cortlandt, New York, to allow unauthorized dumping at a town facility in exchange for bribes. Additionally, Griffin was involved in a bid-rigging scheme to defraud municipalities.
THE PLEA COLLOQUY
The colloquy turned when the magistrate judge asked Griffin to say in his own words “what you did to commit these crimes.” Griffin responded by partially admitting to some of the charged conduct; he acknowledged that he “gave Bobby Dyckman a couple hundred bucks a few times around the holidays as . . . [a] gratuity,” and said that, “as far as the bids . . . I did ask people over time to help me just because I was-I had relationships with people, and I did ask other people to put in some bids,” but asserted that he “didn’t do it with all the ones that they said.”
When Judge Reznik asked if Griffin had agreed to an illegal dumping scheme, he responded, “No.” But later he responded: “In-for just to make this easier on everybody, yes, Your Honor. But it was . . . if it was a few hundred dollars a couple of times, and I had permission for years and years and years.”
Griffin’s sworn testimony during the plea colloquy carried a strong presumption of accuracy and that his later contradictory statements were found by the court to not be sufficient grounds to withdraw the plea. The court also found that Griffin’s counsel had provided an honest assessment of the case and that Griffin had ample opportunity to discuss the plea agreement with his counsel.
ANALYSIS
The voluntariness of Griffin’s guilty plea was the dispositive issue presented to the District Court.
The Court concluded that Griffin voluntarily pleaded guilty. When a Court rejects a defendant’s claim of involuntariness that finding alone is sufficient to reject the defendant’s motion to withdraw his guilty plea.
Griffin testified that, on August 26, Mr. McCarthy encouraged him to plead guilty but made clear that the choice was Griffin’s alone. Not only does Griffin’s testimony undermine his claim that Mr. McCarthy coerced him to plead guilty, but it reinforces the presumption of verity attached to the statements he made during the plea colloquy.
Griffin failed to meet his burden and Griffin’s motion to withdraw his guilty plea was denied. Griffin’s sentencing will proceed on April 22, 2025, at 10:00 a.m.
ZALMA OPINION
Plea bargains exist to save the time of the prosecution and the court when the defendant agrees that the facts against him are sufficient to find him guilty by a jury and a lesser sentence that he would have received if found guilty by a jury. Second thoughts about his guilt is insufficient to allow a person who voluntarily pleaded guilty to withdraw his plea. He will be sentenced in April and will spend time in the gray bar hotel.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Post 5222
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ZIFL – Volume 29, Issue 21
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post 5220
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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/
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The Professional Claims Handler
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.
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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 ...
