Claim for Property Damaged Before Policy is Acquired is Fraud
It is a Crime to Claim Preexisting Damage as New Damage
Read the full article at https://www.linkedin.com/pulse/claim-damage-property-existed-before-issuance-policy-barry and at https://zalma.com/blog plus more than 3850 posts.
After accepting a Plea Agreement the Defendant has no right to expunge his criminal record
Vsevolod Sergee Garanin appealed from the order, entered in the Court of Common Pleas of Lackawanna County, denying his expungement petition. In Commonwealth Of Pennsylvania v. Vsevolod Sergee Garanin, No. 337 MDA 2020, Superior Court of Pennsylvania (July 30, 2021) the court resolved his claims.
ZALMA OPINION
Mr. Garanin was lucky, the plea agreement offered to him eliminated the need to go to trial over a five year felony of insurance fraud where the evidence against him was overwhelming and he only had to serve 30 days. He tried to clear his record by a motion to expunge instead of thanking the prosecutors for their kindness to him. His insult appropriately failed. Insurance fraud is a serious crime and it should be prosecuted vigorously rather than change it to a misdemeanor to avoid the need to go to trial. Garanin avoided trial and five years in prison and insulted the court system by trying expungement, failed, and then took the issue up on appeal only to, properly, fail again.
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