Compassion Needed by Victims not Fraudster
Post 5083
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United States Of America v. Chad Lightfoot, No. 3:17-CR-00274, United States District Court, W.D. Louisiana, Monroe Division (May 6, 2025) the Court dealt with a Motion for Compassionate Release filed by Defendant Chad Lightfoot (“Lightfoot”). The United States of America (“the Government”) opposed the Motion.
BACKGROUND
Lightfoot is an incarcerated inmate with the Bureau of Prisons (“BOP”). He filed a Motion requesting compassionate release under 18 U.S.C. § 3582(c)(1)(A). Lightfoot alleged extraordinary and compelling reasons warranting relief based on the criteria set forth in U.S.S.G. § 1B1.13.
Lightfoot made false and fraudulent representations to procure funds from a federal disaster relief program. Lightfoot claimed that his residence in Monroe, Louisiana sustained damage from a flood, when in fact, Lightfoot was residing in New Orleans during the time the incident occurred. After a four-day trial, a jury convicted Lightfoot on the sole count of the Indictment.
SENTENCING
The Court sentenced Lightfoot to 71 months’ imprisonment, followed by 5 years’ supervised release. Lightfoot is expected to be released on December 5, 2025.
RELEVANT POST CONVICTION LITIGATION
On February 26, 2024, Lightfoot filed a “Motion for Compassionate Release and or Reduction of Sentence (Amendment 821) and Appointment of Counsel.”
LAW & ANALYSIS
Generally, a district court may not modify a term of imprisonment once it has been imposed. However, § 3582(c)(1)(A) sets forth narrow circumstances where a court may “reduce the term of imprisonment” and “impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment.”
The Court may only grant relief when the defendant shows that
1. extraordinary and compelling reasons justify a sentence reduction;
2. such a reduction is consistent with applicable statements issued by the Sentencing Commission; and
3. early release would be consistent with the sentencing factors in § 3553(a).
Extraordinary and Compelling Criteria
Lightfoot must demonstrate that extraordinary and compelling reasons warrant reducing his sentence. the Sentencing Commission set forth six specific reasons that can be considered extraordinary and compelling under 18 U.S.C. § 3582(c)(1)(A)(i):
1. the defendant’s medical condition;
2. defendant’s age;
3. family circumstances;
4. whether defendant has been a victim of abuse during custody;
5. other reasons that are ”similar in gravity” to reasons one through four; and
6. an extraordinarily long sentence.
Lightfoot points to his “family circumstances” as the basis for his Motion. Specifically, Lightfoot claims:
his four minor children need his financial and emotional support;
his mother is suffering from dementia; and
he is a possible organ donor candidate for his sister’s kidney transplant procedure.
Lightfoot does not meet or satisfy any of the family circumstances.
Danger to the Community and Section 3553(a)
Even if Lightfoot showed extraordinary and compelling reasons for granting relief, the analysis doesn’t end there. Lightfoot’s prior conduct speaks for itself. Lightfoot has been arrested and convicted for several crimes, including, armed robbery, simple and aggravated assault and battery, bank fraud, insurance fraud, and forgery. His last offense involved a fraudulent scheme to receive thousands of dollars from a federal disaster relief by falsely claiming that his Monroe residence sustained damage from a flood. Such offenses pose a danger to the community.
The USDC concluded that releasing Defendant would be contrary to the Sentencing Commission’s directive that courts should deny compassionate release to defendants who pose a danger to their communities because Defendant’s fraud scheme lasted over a year and caused grave financial and emotional harm to his many victims.
Lightfoot’s Motion was denied.
ZALMA OPINION
Chutzpah is defined as a person who murders his parents and seeks mercy because he is an orphan. People who commit fraud are, by definition, people with unmitigated gall. After being convicted and sentenced, Mr. Lightfoot tried to cut about a year off his sentence by claiming he needed to care for his children, mother and sick sister. However, the USDC refused because of the clear danger he presents to the people state of Louisiana. Lightfoot’s attempt to reduce his sentence was found by the USDC to be an example of chutzpah and he will serve his full sentence.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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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 ...
