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Insurance Claims professional presents articles and videos on insurance, insurance Claims and insurance law for insurance Claims adjusters, insurance professionals and insurance lawyers who wish to improve their skills and knowledge. Presented by an internationally recognized expert and author.
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March 24, 2025
It Takes Evidence to Withdraw a Guilty Plea

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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00:07:12
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20 hours ago
Allegations That Establish Breach of a Condition Defeats Suit

Notice of Claim Later than 60 Days After Expiration is Too Late

Post 5089

Injury at Massage Causes Suit Against Therapist

Read the full article at https://lnkd.in/gziRzFV8, see the full video at https://lnkd.in/gF4aYrQ2 and at https://lnkd.in/gqShuGs9, and at https://zalma.com/blog plus more than 5050 posts.

Hiscox Insurance Company (“Hiscox”) moved the USDC to Dismiss a suit for failure to state a claim because the insured reported its claim more than 60 days after expiration of the policy.

In Mluxe Williamsburg, LLC v. Hiscox Insurance Company, Inc., et al., No. 4:25-cv-00002, United States District Court, E.D. Missouri, Eastern Division (May 22, 2025) the trial court’s judgment was affirmed.

FACTUAL BACKGROUND

Plaintiff, the operator of a massage spa franchise, entered into a commercial insurance agreement with Hiscox that provided liability insurance coverage from July 25, 2019, to July 25, 2020. On or about June 03, 2019, a customer alleged that one of Plaintiff’s employees engaged in tortious ...

00:08:31
June 02, 2025
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

See the full video at https://lnkd.in/gbWPjHub and at https://lnkd.in/gZ9ztA-P, and at https://zalma.com/blog plus more than 5050 posts.

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
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 ...

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.

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 ...

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."

Immigrant Criminals Attempt to Profit From Insurance Fraud

People who commit insurance fraud as a profession do so because it is easy. It requires no capital investment. The risk is low and the profits are high. The ease with which large amounts of money can be made from insurance fraud removes whatever moral hesitation might stop the perpetrator from committing the crime.

The temptation to do everything outside the law was the downfall of the brothers Karamazov. The brothers had escaped prison in the old Soviet Union by immigrating to the United...

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