Insurance Fraud is a Violent Crime
Post 5079
Read the full article at https://lnkd.in/g4fAqCZ9, see the full video at https://lnkd.in/gJ-wNkW4 and at https://lnkd.in/gjH7AwNq, and at https://zalma.com/blog plus more than 5050 posts.
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conspiracy conviction did not necessarily imply intent to kill at the time of the murder, suggesting that he could have withdrawn from the conspiracy.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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The Professional Claims Handler
Post 5218
Read the full article at https://www.linkedin.com/pulse/zalma-philosophy-claims-handling-part-8-barry-zalma-esq-cfe-zdwsc, see the full video at https://rumble.com/v70zl4s-the-zalma-philosophy-of-claims-handling-part-8.html and at https://youtu.be/MIYcF71ffRQ, and at https://zalma.com/blog plus more than 5200 posts.
Claims Commandment X – Thou Shall Not Pretend to be a Lawyer
Some experienced and professional claims people know the law in their area of expertise better than most lawyers.
Adjusters should be adjusters and leave lawyering to lawyers. Similarly, lawyers should be lawyers and never try to be adjusters.
Claims Commandment XI – Thou Shall Empathize With the Claimant
Everyone presenting a claim is unhappy, disturbed, shocked, injured and needs help.
Empathy is identification with and understanding of another’s situation, feelings, and motives. It is the ability to understand another person’s circumstances, point of view, thoughts, and feelings....
HOW TO CREATE AN EXCELLENCE IN CLAIMS HANDLING PROGRAM
See the full video at https://rumble.com/v70wb2i-the-zalma-philosophy-of-claims-handling-part-6.html and at https://youtu.be/tL5nDKPEs40 and at https://zalma.com/blog plus more than 5200 posts.
Post 5217
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.
An Excellence in Claims Handling program begins with a statement in the insurer’s claims manual or statement of professionalism that it is dedicated to providing excellence in claims handling to every insured who presents a claim.
The excellence in claims handling program should include, at a minimum:
A series of lectures supported by text materials explaining:
A definition of insurance.
How to read and understand an insurance policy.
How to interview an insured, witness, or claimant.
How to assist an insured in the insured’s obligation to ...
The Professional Claims Handler
Post 5216
Read the full article at https://www.linkedin.com/pulse/zalma-philosophy-claims-handling-part-5-barry-zalma-esq-cfe-jde8c, see the full video at https://rumble.com/v70q4x8-the-zalma-philosophy-of-claims-handling-part-5.html and at https://youtu.be/6b9tZQsEkB4, and at https://zalma.com/blog plus more than 5200 posts.
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.
Standards to be a Professional Claims Adjuster
The Insurance claims professional should be a person who:
1. Can read and understand the insurance policies issued by the insurer.
2. Understands the promises made by the policy.
3. Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
4. Are competent investigators.
5. Have empathy and recognize the difference between empathy and sympathy.
6. ...
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.
How to Create Claims Professionals
To avoid fraudulent claims, claims of breach of contract, bad faith, punitive damages, unresolved losses, and to make a profit, insurers ...
The History Behind the Creation of a Claims Handling Expert
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 ...
The History Behind the Creation of a Claims Handling Expert
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 ...
