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.
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Concurrent Cause Doctrine Does Not Apply When all Causes are Excluded
Post 5119
Death by Drug Overdose is Excluded
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Southern Insurance Company Of Virginia v. Justin D. Mitchell, et al., No. 3:24-cv-00198, United States District Court, M.D. Tennessee, Nashville Division (October 10, 2024) Southern Insurance Company of Virginia sought a declaratory judgment regarding its duty to defend William Mitchell in a wrongful death case pending in California state court.
KEY POINTS
1. Motion for Judgment on the Pleadings: The Plaintiff moved for judgment on the pleadings, which was granted in part and denied in part.
2. Duty to Defend: The court found that the Plaintiff has no duty to defend William Mitchell in the California case due to a specific exclusion in the insurance policy.
3. Duty to Indemnify: The court could not determine at this stage whether the Plaintiff had a duty to ...
GEICO Sued Fraudulent Health Care Providers Under RICO and Settled with the Defendants Who Failed to Pay Settlement
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Post 5119
Default of Settlement Agreement Reduced to Judgment
In Government Employees Insurance Company, Geico Indemnity Company, Geico General Insurance Company, and Geico Casualty Company v. Dominic Emeka Onyema, M.D., DEO Medical Services, P.C., and Healthwise Medical Associates, P.C., No. 24-CV-5287 (PKC) (JAM), United States District Court, E.D. New York (July 9, 2025)
Plaintiffs Government Employees Insurance Company and other GEICO companies (“GEICO”) sued Defendants Dominic Emeka Onyema, M.D. (“Onyema”), et al (collectively, “Defendants”) alleging breach of a settlement agreement entered into by the parties to resolve a previous, fraud-related lawsuit (the “Settlement Agreement”). GEICO moved the court for default judgment against ...
ZIFL – Volume 29, Issue 14
Post 5118
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You can read the full 20 page issue of the July 15, 2025 issue at https://lnkd.in/giaSdH29
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
This issue contains the following articles about insurance fraud:
The Historical Basis of Punitive Damages
It is axiomatic that when a claim is denied for fraud that the fraudster will sue for breach of contract and the tort of bad faith and seek punitive damages.
The award of punitive-type damages was common in early legal systems and was mentioned in religious law as early as the Book of Exodus. Punitive-type damages were provided for in Babylonian law nearly 4000 years ago in the Code of Hammurabi.
You can read this article and the full 20 page issue of the July 15, 2025 issue at https://zalma.com/blog/wp-content/uploads/2025/07/ZIFL-07-15-2025.pdf
Insurer Refuses to Submit to No Fault Insurance Fraud
...
Rulings on Motions Reduced the Issues to be Presented at Trial
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CASE OVERVIEW
In Richard Bernier v. State Farm Mutual Automobile Insurance Company, No. 4:24-cv-00002-GMS, USDC, D. Alaska (May 28, 2025) Richard Bernier made claim under the underinsured motorist (UIM) coverage provided in his State Farm policy, was not satisfied with State Farm's offer and sued. Both parties tried to win by filing motions for summary judgment.
FACTS
Bernier was involved in an auto accident on November 18, 2020, and sought the maximum available UIM coverage under his policy, which was $50,000. State Farm initially offered him $31,342.36, which did not include prejudgment interest or attorney fees.
Prior to trial Bernier had three remaining claims against State Farm:
1. negligent and reckless claims handling;
2. violation of covenant of good faith and fair dealing; and
3. award of punitive damages.
Both Bernier and State Farm dispositive motions before ...
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 ...
Professional Health Care Services Exclusion Effective
Post 5073
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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 ...
