Lawyer Acquitted from Fraud Charges Sues Prosecutor & Insurer Who Reported Her
Post 5192
See the full video at https://rumble.com/v6z698a-acquittal-is-only-one-part-of-a-malicious-prosecution-action.html and at https://youtu.be/XOVL8CG6gv4, and at https://zalma.com/blog plus more than 5150 posts.
Probable Cause for Arrest Eliminates Claim of Malicious Prosecution
In Leslie Casaubon v. Texas Mutual Insurance Company and Donna R. Crosby, Travis County District Attorney, No. 1:19-CV-617-RP, United States District Court, W.D. Texas, Austin Division (September 12, 2025) Texas Mutual Insurance Company (“Texas Mutual”) and Donna R. Crosby’s (“Crosby”) (together, “Defendants”) moved to dismiss the suit filed by Leslie Casaubon.
BACKGROUND
Leslie Casaubon, a workers’ compensation attorney, who brought claims against Texas Mutual Insurance Company and Donna R. Crosby, a Travis County District Attorney. Casaubon alleged that Texas Mutual and Crosby conspired to bring false charges of insurance fraud against her due to her success in obtaining favorable decisions against Texas Mutual.
Defendants secured two grand jury indictments against Casaubon for insurance fraud, for which Casaubon alleges Crosby used false or misleading evidence. Casaubon was ultimately acquitted of all charges by a jury .
LEGAL FINDINGS
The court dismissed Casaubon’s claims against Crosby for false arrest, defamation, tortious interference, and conspiracy without prejudice. Crosby’s motion was denied as to Casaubon’s malicious prosecution claim and Section 1983 claim to the extent Crosby is not protected by immunity .
Casaubon’s claims against Texas Mutual for malicious prosecution, false arrest, tortious interference, and conspiracy were dismissed without prejudice. Texas Mutual’s motion was denied as to Casaubon’s defamation claim. The court found that Casaubon sufficiently alleged her defamation claim against Texas Mutual, but not against Crosby.
The court concluded that Casaubon failed to state a claim against Crosby for defamation as she did not identify any specific false statement Crosby made. The court found that Casaubon failed to state a claim for malicious prosecution against Texas Mutual as she did not plausibly allege that Texas Mutual initiated or procured her prosecution.
DISCUSSION
Immunity – Texas Mutual’s Immunity
As a threshold matter, Texas Mutual asserts it is entitled to immunity for its actions that give rise to Plaintiff s claims. Under Texas law, insurers must report suspected fraudulent activity and are “not liable in a civil action . . . and a civil action may not be brought . . ., for furnishing information relating to a suspected, anticipated, or completed fraud insurance act.” Tex. Ins. Code Ann. § 701.052(a) (West). Further, Texas has specifically granted Texas Mutual immunity for “identifying or referring a person for investigation of or prosecution for a possible administrative violation or criminal offense.”
CROSBY’S IMMUNITY
Despite relying on sovereign immunity, Crosby opens her motion by observing that Plaintiff sues Crosby, presumably in her individual capacity only. As Crosby interprets Plaintiff’s state-law torts to be against Crosby in her individual capacity, sovereign immunity does not apply.
Crosby argued Plaintiff must satisfy Rule 9’s requirement of pleading with particularity Plaintiff alleges Crosby intentionally presented false evidence to the grand juries. An allegation that misleading and fabricated evidence was presented to the grand jury is a serious charge, and if properly pleaded, could state an actionable wrong if the Defendants knowingly or with reckless disregard for the truth presented false evidence to the grand jury. Crosby argues Plaintiff fails to plead the “who, what, when, where, and how” of the alleged fraud because Plaintiff does not specify any particular statements made or proffered by Crosby or explain why they were fraudulent.” The Court agreed that Plaintiff failed to identify the allegedly false evidence Crosby presented to the grand juries or explain why it was indeed false. Plaintiff failed to plead with particularity the allegedly false evidence before the grand juries.
Against Texas Mutual, the Court found Plaintiff fails to state a claim for malicious prosecution, false arrest, tortious interference, and conspiracy, but succeeds in stating her claim for defamation. Against Crosby, Plaintiff fails to state a claim for false arrest, tortious interference, conspiracy, and defamation.
MALICIOUS PROSECUTION
Crosby and the grand juries’ roles in initiating and procuring Plaintiff’s prosecution was left to both Crosby and two grand juries after Texas Mutual reported Plaintiff. Because a person is not liable for merely aiding or cooperating in causing a criminal prosecution the Court found Plaintiff failed to state a claim against Texas Mutual for malicious prosecution.
FALSE ARREST
To sufficiently state a claim for false arrest, Plaintiff must show her arrest was made without authority of law. Because Plaintiff was arrested following her indictment, there was probable cause for her arrest, meaning her arrest was not made without authority of law. Therefore, Plaintiff’s claims for false arrest against Texas Mutual and Crosby were dismissed.
TORTIOUS INTERFERENCE
Plaintiff alleges that as a result of Defendants’ actions, clients of her workers’ compensation practice terminated their contracts with her. The Court dismissed Plaintiff’s tortious interference claims against Texas Mutual and Crosby.
DEFAMATION
Finally, the Court found Plaintiff sufficiently alleged her defamation claim against Texas Mutual, but not against Crosby. Accordingly, the Court finds Plaintiff stated a claim against Texas Mutual for defamation.
Plaintiff failed to state a claim against Crosby for defamation. Plaintiff vaguely alleged Crosby’s entire prosecution of her was defamatory, but such allegations are too broad and conclusory to survive a 12(b)(6) motion.
ZALMA OPINION
In the United States reporting a person to prosecutors for a crime is privileged unless made with malice. In this case the charges went to a grand jury that issued an indictment that established probable cause for arrest. That she was acquitted established only that the state failed to prove her claims of malicious prosecution and other torts beyond a reasonable doubt. She may attempt to prove that Texas Mutual defamed her. Note, truth is a perfect defense to a defamation action and the fact that a grand jury issued an indictment indicates that the reports Texas Mutual were truthful.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Commit Insurance Fraud While on Probation Violation Requires Jail
Post number 5322
Read the full article at https://lnkd.in/gfnYSb8a, see the video at https://lnkd.in/gEu8EzYq and at https://lnkd.in/gzrJdPfC and at https://zalma.com/blog plus more than 5300 posts.
Jail is Necessary When Probation is Violated
In United States of America v. Sabine Oltmann, No. 25-60578, United States Court of Appeals, Fifth Circuit (April 9, 2026), Sabine Oltmann pleaded guilty to unauthorized opening of mail by a postal employee and was sentenced to two years’ probation.
Just two months into that term, however, she violated the conditions of her probation by submitting a false insurance claim and falsely reporting a crime. The district court revoked her probation and sentenced her to twelve months’ imprisonment followed by twelve months of supervised release.
Oltmann contended that this above-Guidelines revocation sentence is substantively unreasonable.
The USCA reviewes probation-revocation sentences under the ...
Commit Insurance Fraud While on Probation Violation Requires Jail
Post number 5322
Read the full article at https://lnkd.in/gfnYSb8a, see the video at https://lnkd.in/gEu8EzYq and at https://lnkd.in/gzrJdPfC and at https://zalma.com/blog plus more than 5300 posts.
Jail is Necessary When Probation is Violated
In United States of America v. Sabine Oltmann, No. 25-60578, United States Court of Appeals, Fifth Circuit (April 9, 2026), Sabine Oltmann pleaded guilty to unauthorized opening of mail by a postal employee and was sentenced to two years’ probation.
Just two months into that term, however, she violated the conditions of her probation by submitting a false insurance claim and falsely reporting a crime. The district court revoked her probation and sentenced her to twelve months’ imprisonment followed by twelve months of supervised release.
Oltmann contended that this above-Guidelines revocation sentence is substantively unreasonable.
The USCA reviewes probation-revocation sentences under the ...
There is no Privity Between Adjuster & an Insured
A Claim Against an Insurer for Wrongful Conduct Cannot Be Maintained Against Its Adjuster
Post number 5321
See the video at https://lnkd.in/gH6wPd45 and at https://lnkd.in/gB-7JpHZ and at https://zalma.com/blog plus more than 5300 posts.
In Lambert v. SafePort Insurance Company, et al., Civil Action No. 25-1446 (E.D. La. Apr. 2, 2026) (Morgan, J.) Plaintiff Lisa Lambert held a homeowner’s insurance policy issued by SafePort Insurance Company covering her property against windstorms and wind damage. After two separate windstorms damaged her home (the “First Wind Claim” and “Second Wind Claim”), she promptly reported both losses and attempted to mitigate damages.
FACTUAL BACKGROUND
SageSure Insurance Managers LLC acted as the claims adjuster/manager for SafePort. In both instances:
A field adjuster inspected the property and denied coverage, attributing the damage to “foundation settling as a result of earth movement” (an excluded peril that allegedly caused water pooling on the ...
ZIFL – Volume 30, Issue 7 – April 1, 2026
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314
Posted on April 1, 2026 by Barry Zalma
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th 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/ This issue contains the following articles about insurance fraud:
No One is Above the Law – Not Even a Police Officer
Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase
In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.
Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...
ZIFL – Volume 30, Issue 7 – April 1, 2026
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314
Posted on April 1, 2026 by Barry Zalma
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th 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/ This issue contains the following articles about insurance fraud:
No One is Above the Law – Not Even a Police Officer
Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase
In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.
Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...
Posted on March 30, 2026 by Barry Zalma
Insurance Fraud, a Way to Reduce Violent Crime
Post number 5313
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 helps 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.
She Taught Her Customers The Swoop And Squat:
Recently the California Insurance Department’s Fraud Division arrested a young woman in Los Angeles County for operating an insurance fraud school. She advertised her classes in the “Penny Saver” an advertising sheet distributed free to the public and a print version of Facebook, X Craig’s list. She had operated for several years teaching methods of committing automobile insurance fraud. Only after a police officer enrolled in one of her classes was she arrested.
Her defense ...