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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Interpleader Protects All Claimants Against Life Policy and the Insurer
Who’s on First to Get Life Insurance Proceeds
Post 5184
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Interpleader Protects All Claimants Against Life Policy and the Insurer
In Metropolitan Life Insurance Company v. Selena Sanchez, et al, No. 2:24-cv-03278-TLN-CSK, United States District Court, E.D. California (September 3, 2025) the USDC applied interpleader law.
Case Overview
This case involves an interpleader action brought by the Metropolitan Life Insurance Company (Plaintiff-in-Interpleader) against Selena Sanchez and other defendants (Defendants-in-Interpleader).
Key Points
Plaintiff-in-Interpleader’s Application:
The Plaintiff-in-Interpleader...
A Claim by Any Other Name is not a Claim
Post 5182
It is Imperative that Insured Report Potential Claim to Insurers
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In Jeffrey B. Scott v. Certain Underwriters At Lloyd’s, London, Subscribing To Policy No. B0901li1837279, RLI Insurance Company, Certain Underwriters At Lloyds, London And The Insurance Company, Subscribing To Policy No. B0180fn2102430, No. 24-12441, United States Court of Appeals, Eleventh Circuit (August 25, 2025) the court explained the need for a claim to obtain coverage.
Case Background:
This appeal arises from a coverage dispute under a Directors & Officers (D&O) insurance policy. Jeffrey B. Scott, the plaintiff-appellant, was terminated from his role as CEO, President, and Secretary of Gemini Financial Holdings, LLC in October 2019. Following his termination, Scott threatened legal action against Gemini, and ...
A Claim by Any Other Name is not a Claim
Post 5182
It is Imperative that Insured Report Potential Claim to Insurers
Read the full article at https://lnkd.in/gfbwAsxw, See the full video at https://lnkd.in/gea_hgB3 and at https://lnkd.in/ghZ7gjxy, and at https://zalma.com/blog plus more than 5150 posts.
In Jeffrey B. Scott v. Certain Underwriters At Lloyd’s, London, Subscribing To Policy No. B0901li1837279, RLI Insurance Company, Certain Underwriters At Lloyds, London And The Insurance Company, Subscribing To Policy No. B0180fn2102430, No. 24-12441, United States Court of Appeals, Eleventh Circuit (August 25, 2025) the court explained the need for a claim to obtain coverage.
Case Background:
This appeal arises from a coverage dispute under a Directors & Officers (D&O) insurance policy. Jeffrey B. Scott, the plaintiff-appellant, was terminated from his role as CEO, President, and Secretary of Gemini Financial Holdings, LLC in October 2019. Following his termination, Scott threatened legal action against Gemini, and ...
Barry Zalma: Insurance Claims Expert Witness
Posted on September 3, 2025 by Barry Zalma
The Need for a Claims Handling Expert to Defend or Prove a Tort of Bad Faith Suit
© 2025 Barry Zalma, Esq., CFE
When I finished my three year enlistment in the US Army as a Special Agent of US Army Intelligence in 1967, I sought employment where I could use the investigative skills I learned in the Army. After some searching I was hired as a claims trainee by the Fireman’s Fund American Insurance Company. For five years, while attending law school at night while working full time as an insurance adjuster I became familiar with every aspect of the commercial insurance industry.
On January 2, 1972 I was admitted to the California Bar. I practiced law, specializing in insurance claims, insurance coverage and defense of claims against people insured and defense of insurance companies sued for breach of contract and breach of the implied covenant of good faith and fair dealing. After 45 years as an active lawyer, I asked that my license to practice law be declared inactive ...
The Need for a Claims Handling Expert to Defend or Prove a Tort of Bad Faith Suit
© 2025 Barry Zalma, Esq., CFE
When I finished my three year enlistment in the US Army as a Special Agent of US Army Intelligence in 1967, I sought employment where I could use the investigative skills I learned in the Army. After some searching I was hired as a claims trainee by the Fireman’s Fund American Insurance Company. For five years, while attending law school at night while working full time as an insurance adjuster I became familiar with every aspect of the commercial insurance industry.
On January 2, 1972 I was admitted to the California Bar. I practiced law, specializing in insurance claims, insurance coverage and defense of claims against people insured and defense of insurance companies sued for breach of contract and breach of the implied covenant of good faith and fair dealing. After 45 years as an active lawyer, I asked that my license to practice law be declared inactive and became a consultant and expert witness for lawyers representing insurers and lawyers ...
APPRAISAL AWARD SETS AMOUNT OF DAMAGES RECOVERED FROM INSURER
Post 5180
See the full video at https://rumble.com/v6yd2z0-evidence-required-to-prove-breach-of-contract.html and at https://youtu.be/2ywEjs3hZsw, and at https://zalma.com/blog plus more than 5150 posts.
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Evidence Required to Prove Breach of Contract
Read the full article at https://www.linkedin.com/pulse/evidence-required-prove-breach-contract-barry-zalma-esq-cfe-rfelc, see the full video at https://rumble.com/v6yd2z0-evidence-required-to-prove-breach-of-contract.html and at https://youtu.be/2ywEjs3hZsw, and at https://zalma.com/blog plus more than 5150 posts.
It’s a Waste of Time to Sue Your Insurer if You Don’t Have Evidence
In Debbie Beaty and Jonathan Hayes v. Homeowners Of America Insurance Company, No. 01-23-00844-CV, Court of Appeals of Texas, First District (August 26, 2025) Debbie Beaty and Jonathan Hayes filed a claim under their homeowner’s insurance policy with Homeowners of ...
