The "Chutzpah" of Insurance Fraud Criminals
After Sentencing Defendant Attempts to Change his Plea of Guilty
Read the full article at https://www.linkedin.com/pulse/chutzpah-insurance-fraud-perpetrators-barry-zalma-esq-cfe and at https://zalma.com/blog plus more than 3850 posts.
It takes a massive amount of unmitigated gall (chutzpah) to file an appeal of a conviction and sentencing after pleading guilty with knowledge and understanding but insurance fraud perpetrators seem to have no trouble doing so rather than pay restitution or serve probation; a classic case of the dog biting the hand that feeds him.
In David S. Soliz v. The State Of Texas, Nos. 01-20-00192-CR, 01-20-00193-CR, Court of Appeals of Texas, First District (August 17, 2021) David S. Soliz, without agreed punishment recommendations from the State, pleaded guilty to the felony offenses of insurance fraud and forgery of a commercial instrument.
ZALMA OPINION
The guilt of Mr. Soliz was overwhelming. His lawyer advised him to plead guilty because he would go to jail if convicted at trial. He did so voluntarily and was admonished about the effect of his plea multiple times by the prosecutor, his defense counsel and the judge, was sentenced only to probation and only $2,200 in restitution. Then, after giving up his right to appeal, he appealed claiming he was misled. Chuzpah personified. He deserved to have his probation removed and the for breach of probation and be sentenced to serve time in jail. The court, regardless, kept the kind sentence.
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