Insurance Fraud is a Violent Crime
Post 5079
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No Resentence: Murderer for Hire & Insurance Fraud Stays in Prison
James Theron Elliott was convicted by a jury for multiple crimes, including first-degree murder, stemming from a conspiracy to kill jewelry dealer Ben Rudman. Elliott had hired Charles Thomas to carry out the murder in exchange for valuable consideration, which the jury confirmed through the special circumstance finding of “murder for hire.”
In The People v. James Theron Elliott, H051762, California Court of Appeals, Sixth District (May 14, 2025) James Theron Elliott was convicted for conspiracy to commit murder, robbery, grand theft, and insurance fraud, as well as first-degree murder.
TRIAL DETAILS
Elliott was charged with three counts, including conspiracy to commit murder, and the jury was instructed on various theories of murder liability, including conspiracy and felony murder. The jury ultimately found Elliott guilty on all counts, and his conviction was based on the direct aiding and abetting theory, which remained valid under the law even after recent legislative changes.
RESENTENCING PETITION
In 2023, after many years in prison, Elliott filed a petition for resentencing under section 1172.6, claiming that he met the statutory conditions for relief. He argued that his conspiracy conviction did not necessarily imply intent to kill at the time of the murder, suggesting that he could have withdrawn from the conspiracy. The prosecution opposed the petition.
COURT’S RULING
The trial court denied Elliott’s petition, stating that conspiracy to commit murder is not eligible for resentencing under section 1172.6. The court noted that the jury’s true finding of the murder for hire special circumstance further confirmed Elliott’s intent to murder.
LEGAL PRINCIPLES
Senate Bill No. 1437 amended the felony murder rule and clarified the requirements for murder liability. The changes did not affect the direct aiding and abetting theory of murder, which requires the defendant to possess malice aforethought.
Elliott’s conviction was not impacted by the legislative changes, and he remained ineligible for resentencing.
CONCLUSION
The California Court of Appeals affirmed the trial court’s decision to deny Elliott’s resentencing petition, concluding that he was not entitled to relief under the amended Penal Code due to the nature of his convictions.
Defendant was required to show, among other things, that he was “convicted of felony murder or murder under the natural and probable consequences doctrine” and that he could no longer be convicted “because of” the 2019 statutory changes. Defendant could not satisfy those requirements because he was convicted of first degree murder under a theory of direct aiding and abetting express malice murder that is unaffected by the 2019 changes.
By convicting defendant of conspiracy to commit murder, the jury necessarily found he harbored the intent to kill when he conspired to commit murder.
CONSPIRACY TO COMMIT MURDER IS NOT ELIGIBLE FOR RESENTENCING UNDER SECTION 1172.6
Because conspiracy to commit murder is based on the conspirator’s own mental state, it requires that a defendant either act with malice or intend to kill. And because section 1172.6 does not offer relief for a person convicted of conspiracy to commit murder, any purported instructional error regarding that conviction which could have been asserted on direct appeal is irrelevant. The Legislature when it enacted Senate Bill No. 1437 did nothing to change the applicable law so as to resurrect an argument he had already abandoned.
ZALMA OPINION
Many prosecutors and judges refuse to accept the fact that insurance fraud is a violent crime. Mr. Elliot, as part of his insurance fraud attempt hired a person to murder a jeweler and was convicted of conspiracy to commit murder which required the jury to find that he directly aided and abetted the murder with express malice to murder he was not entitled to resentencing. It is good to see the California Court of Appeals accepting the fact that insurance fraud is a violent crime coupled with an intent to commit murder for hire.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Intentionally Shooting a Woman With A Rifle is Murder
Post 5196
See the full video at and at and at https://zalma.com/blog and more than 5150 posts.
You Plead Guilty You Must Accept the Sentence
In Commonwealth Of Pennsylvania v. Mark D. Redfield, No. 20 WDA 2025, No. J-S24010-25, Superior Court of Pennsylvania (September 19, 2025) the appellate court reviewed the case of Mark D. Redfield, who pleaded guilty to third-degree murder for killing April Dunkle with malice using a rifle.
Affirmation of Sentence:
The sentencing court’s judgment was affirmed, and jurisdiction was relinquished, concluding no abuse of discretion occurred.
Reasonable Inference on Trigger Pulling:
The sentencing court reasonably inferred from the guilty plea facts that the appellant pulled the trigger causing the victim’s death, an inference supported by the record and consistent with the plea.
Guilty Plea Facts:
The appellant admitted during the plea hearing...
The Judicial Proceedings Privilege
Post 5196
Posted on September 25, 2025 by Barry Zalma
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Judicial Proceeding Privilege Limits Litigation
In David Camp, and Laura Beth Waller v. Professional Employee Services, d/b/a Insurance Branch, and Brendan Cassity, CIVIL No. 24-3568 (RJL), United States District Court, District of Columbia (September 22, 2025) a defamation lawsuit filed by David Camp and Laura Beth Waller against Insurance Branch and Brendon Cassity alleging libel based on statements made in a letter accusing them of mishandling funds and demanding refunds and investigations.
The court examined whether the judicial proceedings privilege applieD to bar the defamation claims.
Case background:
Plaintiffs Camp and Waller, executives of NOSSCR and its Foundation, sued defendants Insurance Branch and Cassity over a letter alleging financial misconduct and demanding refunds and audits. The letter ...
Misrepresentation or Concealment of a Material Fact Supports Rescission
Post 5195
Don’t Lie to Your Insurance Company
See the full video at and at https://rumble.com/v6zefq8-untrue-application-for-insurance-voids-policy.html and at https://zalma.com/blog plus more than 5150 posts.
In Imani Page v. Progressive Marathon Insurance Company, No. 370765, Court of Appeals of Michigan (September 22, 2025) because defendant successfully established fraud in the procurement, and requested rescission, the Court of Appeals concluded that the Defendant was entitled to rescind the policy and declare it void ab initio.
FACTS
Plaintiff's Application:
Plaintiff applied for an insurance policy with the defendant, indicating that the primary use of her SUV would be for "Pleasure/Personal" purposes.
Misrepresentation:
Plaintiff misrepresented that she would not use the SUV for food delivery, but records show she was compensated for delivering food.
Accident:
Plaintiff's SUV was involved in an accident on August ...
How a Need for Profit Led Health Care Providers to Crime
Post 5185
Posted on September 8, 2025 by Barry Zalma
See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q
This is 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 Dishonest Chiropractor/Physician
How a Need for Profit Led Health Care Providers to Crime
See the full video at and at
This is 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 is designed to help 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.
How Elderly Doctors Fund their ...
How a Need for Profit Led Health Care Providers to Crime
Post 5185
Posted on September 8, 2025 by Barry Zalma
See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q
This is 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 Dishonest Chiropractor/Physician
How a Need for Profit Led Health Care Providers to Crime
See the full video at and at
This is 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 is designed to help 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.
How Elderly Doctors Fund their ...
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 ...
