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June 03, 2026
Go to Jail, Do Not Pass Go

Arsonist Who Tried to Defraud Insurer Failed to Avoid Jail
Post number 5364

Posted on June 3, 2026 by Barry Zalma

Arson is a Violent and Dangerous Crime Deserving Serious Punishment

The People of the State of New York v. Zef Gjurashaj, 2026 NY Slip Op 03320, No. 2023-03675, Ind. No. 70463/21, Supreme Court of New York, Second Department (May 27, 2026) the defendant owned a restaurant that was destroyed by fire on September 6, 2017. Prosecutors alleged that he and a codefendant conspired to intentionally set the fire in order to obtain financial benefit.

At the time of the fire, the defendant’s wife was present in the restaurant, and the indictment alleged that she was not a participant in the crime. After a jury trial, the defendant was convicted of first-degree arson, second-degree conspiracy, two counts of first-degree reckless endangerment, second-degree insurance fraud, and fifth-degree criminal tax fraud.

LAW

The appellate court applied several key legal principles:

1. Preservation doctrine (CPL 470.05[2]) Issues are generally not reviewable on appeal unless properly objected to at trial. [First-degree arson (Penal Law § 150.20)
2. Accessorial liability (Penal Law § 20.00): A person can be held criminally liable for conduct carried out with another.
3. Legal sufficiency standard: Evidence is reviewed in the light most favorable to the prosecution.
4. Weight of the evidence review (CPL 470.15[5]): The appellate court independently reviews the record but gives deference to the jury’s credibility determinations.
5. Summation misconduct standard: Prosecutorial comments warrant reversal only if they are improper and so pervasive or egregious as to deprive the defendant of a fair trial.
6. Sentence review: A sentence will not be disturbed unless it is excessive.

DISCUSSION / ANALYSIS

The court rejected the defendant’s arguments on appeal.

First, the claim that the jury charge on first-degree arson was defective was held unpreserved, because defense counsel affirmatively stated that he had no objection to the charge. The court added that, in any event, the charge adequately conveyed the governing law.

Second, the defendant challenged the legal sufficiency of the evidence concerning whether he knew facts making his wife’s presence a reasonable possibility and whether she was a nonparticipant. The court held that the first argument was unpreserved, because the trial motion to dismiss did not specifically raise that point. However, the court found that the second argument—whether the wife was a participant—was preserved. On the merits, the court held that the evidence, viewed in the light most favorable to the prosecution, was sufficient to establish that the wife was not a participant in the arson.

Third, on the weight of the evidence, the appellate court conducted its independent review and concluded that the verdict was not against the weight of the evidence. The court emphasized its deference to the jury’s ability to assess witness credibility and found that the jury was justified in finding guilt beyond a reasonable doubt.

Fourth, the defendant argued that the prosecutor’s summation misstated the law and evidence and improperly bolstered credibility. The court found this issue unpreserved because defense counsel did not object or seek curative instructions. Even so, the court held that most of the challenged comments were permissible rhetorical responses or fair comment on the evidence, and any improper remarks were not so serious as to deny the defendant a fair trial.

The New York Court accords great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor Upon reviewing the record here, the court was satisfied that the verdict of guilt was not against the weight of the evidence.

Finally, the court held that the sentence was not excessive.

CONCLUSION

Contrary to the defendant’s contentions, the jury was justified in finding the defendant guilty beyond a reasonable doubt without engaging in the selective dissection of the integrated testimony of a single witness as to whom credibility, or incredibility, could only be a constant factor. The Appellate Division affirmed the judgment of conviction. Most of the defendant’s appellate arguments were either unpreserved or without merit, and the court found the evidence legally sufficient, the verdict supported by the weight of the evidence, the prosecutor’s remarks not reversible error, and the sentence appropriate.

ZALMA OPINION

Arsonists are not nice people. Arson is a violent crime where innocent people are injured or killed by the fire. He tried to avoid the conviction and the court saw through his arguments that were either unpreserved or legally insufficient. The defendant’s contention that the prosecutor mischaracterized the law and evidence and improperly bolstered his own credibility during summation was unpreserved for appellate review. Since the majority of the challenged comments at trial were within the broad bounds of rhetorical comment permissible in closing arguments and constituted a fair response to arguments made by defense counsel in summation or a fair comment on the evidence the grounds stated by the defendant were ineffective and the judgment of conviction stood and the arsonist would serve his sentence.

(c) 2026 Barry Zalma & ClaimSchool, Inc.

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Videos
Posts
September 18, 2026
Expert May Only Testify to What Experience Supports

Insurance Expert May Not Testify to Speculative and Contains Unsupported Conclusions.

Posted on September 18, 2026 by Barry Zalma

See the full video at and at https://rumble.com/v7fmifw-expert-may-only-testify-to-what-experience-supports.html

In Michele A. Over, and The Estate Of Paul R. Over v. State Farm Mutual Automobile Insurance Company, and State Farm Fire And Casualty Company, Civil Action No. 23-cv-02243-PAB-STV, United States District Court, D. Colorado (September 14, 2026) Michele and Paul Over sued State Farm Fire and State Farm Auto over hail-damage and stolen-vehicle claims.

The operative dispute concerned State Farm Auto’s motion to exclude or limit opinions from plaintiffs’ insurance-industry expert, Aaron Castillo. Castillo.

Law

The proponent of expert testimony must establish by a preponderance of the evidence that an expert is qualified and that the opinions are helpful, sufficiently grounded, and reliably derived and applied. Experience-based opinions must explain how the...

00:03:10
September 17, 2026
Convicted on 29 Tax-Refund-Fraud Counts

150 Months in Prison for Tax Fraud
Post 4846

Posted on September 17, 2026 by Barry Zalma

See the full video at https://lnkd.in/g8rh3JBX and https://lnkd.in/gmkdy-9C, In United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.

FACTS

In United States Of America v. Thomas Addaquay, United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.
FACTS

Thomas Addaquay controlled United Consolidated Accounting and Business Services (UC), nominally a check-cashing business.

The government proved a three-stage tax-refund scheme that converted the resulting refund checks into usable funds through ...

00:05:23
September 14, 2026
Court Enforces Fifth Amendment & Refuses to Compel Answers

Major Fraud Perpetrator Asserts Fifth Amendment Privilege to Avoid Prosecution

Post 5489

Posted on September 14, 2026 by Barry Zalma

Fraudster Refuses to Answer Questions About His Alleged Fraud

See the full video at https://lnkd.in/gvicAMDr and at https://lnkd.in/gvicAMDr

In Great American Insurance Co. v. Gemstone Property Management, LLC, et al., No. 23-cv-9100 (LJL), United States District Court, S.D. New York (September 8, 2026) Great American Insurance Company alleged that it was defrauded through a scheme in which Subin Associates, LLP recruited individuals to stage construction-site injuries, arranged unnecessary medical treatment and litigation funding, and pursued fraudulent personal-injury claims.

Luis Manuel Garcia Salcedo, resulted in a $6 million settlement. Non-party Jose Hernandez allegedly worked as an assistant manager at Subin, operated Hernandez Associates, and owned litigation-funding companies that shared office space with Subin and provided services to its clients.

After Great American ...

00:05:14
November 05, 2026
Convicted of Felony Fraud You Lose the Right to Vote

Payment of Fines & Completion of Probation Reinstates Right to Vote

Post 4576

Posted on November 5, 2026 by Barry Zalma

To Restore Voting Rights The Felon Must Pay Fines of $546.00

In Florida Supreme Court Mediator Ethics Advisory Committee, ETH F-26-377, No. F-26-377 (October 29, 2026) citizen unnamed and to Ron Desantis Governor, Cord Byrd the Secretary of State Florida Division of Elections provided an advisory opinion to a convicted felon about his right to vote:

To: [redacted] We received your request for an advisory opinion. You indicate that you have one or more felony convictions and request whether you are eligible to vote, including whether you have any outstanding legal financial obligations under section 98.0751, Florida Statutes, and, if so, a statement of the amount that must be paid to make you eligible to vote, and an explanation of how the amount was calculated.

The Division hereby responds to your request pursuant to its legal authority under section 106.23(2), Florida Statutes, and Florida ...

November 04, 2026
Castro Valdez Had an Available Administrative Appeal and Failed to Establish a Ground for Excusing

Administrative Review Permits the Agency to Apply its Expertise

Post 4574

In Erwin Jordan Castro Valdez v. Warden, Otay Mesa Detention Center, No. 26-cv-06147-BAS-JLB, United States District Court, S.D. California (October 30, 2026) Castro Valdez, a Cuban national paroled into the United States, was arrested on June 23, 2026, for alleged insurance fraud, grand theft, and making a false report to law enforcement. In his first habeas action, the district court ordered a bond hearing within fourteen days to determine whether the changed circumstances justified revoking his parole.

An Immigration Judge subsequently denied bond because of his pending state criminal case. Castro Valdez filed a second petition under 28 U.S.C. § 2241, challenging that determination and requesting immediate release without first appealing to the Board of Immigration Appeals (BIA).

LAW

According to the supplied text, § 2241 does not expressly require administrative exhaustion, but courts impose exhaustion as a prudential requirement. ...

November 03, 2026
Jury Found Prudential to be the Victim of Fraud

Insured’s Ordered to Pay Insurer for Fraud by the Insureds

Post 4573

Posted on November 3, 2026 by Barry Zalma

In The Prudential Insurance Company Of America v. Carol Gardina and George Gardina, No. 6:23-cv-1125-JSS-DCI, United States District Court, M.D. Florida, Orlando Division (October 22, 2026).

THE JURY TRIAL AND VERDICT

Plaintiff sued Defendants for numerous causes of action stemming from its allegations that Defendants fraudulently collected benefits under their long-term care insurance policies. Plaintiff's case proceeded to a nine-day jury trial, after which the jury found Defendants liable for fraudulent misrepresentation, fraudulent concealment, and civil conspiracy.

The jury also found Defendant Carol Gardina liable to Plaintiff for $1,930,129 in compensatory damages and Defendant George Gardina liable to Plaintiff for $12,496 in compensatory damages and $20 in punitive damages. Thereafter, the court entered judgment in Plaintiff's favor and awarded Plaintiff $1,930,129 in compensatory damages from...

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