Zalma’s Insurance Fraud Letter – August 1, 2022

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Zalma’s Insurance Fraud Letter – August 1, 2022
Posted on July 30, 2022 by Barry Zalma    
ZIFL – Volume 26, Issue 15

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Articles include:
“The Need to Understand the Mutability of Memory When Investigating a Fraud”

Very few people have a perfect eidetic (photographic) memory. Memory is a fluid and often unreliable human function.

During my time as a trainee investigator at the Army Intelligence School at Fort Holabird, Maryland, a classroom lecture on interviewing was interrupted by a man dressed in a clown mask, a tuxedo, swim fins, a cowboy hat, and a purple cummerbund. He ran into the room, screamed epithets, fired a weapon into the ceiling, and ran out. The teacher instructed each member of the class to write down a description of the intruder. None of our descriptions was accurate, and we were all shocked when the shooter was brought back into the class. The noise he made, the firing of a weapon, and the fear the incident engendered made it almost impossible to recall him accurately. Some even described him as having been female.

The professional recognizes that some EUO techniques can cause honest subjects — those who are innocent but “just trying to be helpful” — to “misremember” and provide unreliable, even false, information. It has long been known that false memories can be implanted by a process of suggestion, especially when used by skillful but unscrupulous attorneys or interviewers.
California Claims Regulations

Insurers licensed or operating in California must file their SIU annual reports by Wednesday, Sept. 28 and Insurers licensed or operating in California must ascertain that their entire claims staff has read, understood or be trained about the California Fair Claims Settlement Practices Regulations by September 1 of Each Year and be ready to swear under oath that the Regulation has been complied with by the insurer.
Insurance Agent Should not Sell Unregistered Securities
Unregistered Security Exclusion Eliminates Duty to Defend or Indemnify

William Saoud sells insurance-related products. Beginning in 2017, he offered some of his clients a new financial instrument: a Memorandum of Indebtedness issued by 1 Global Capital, LLC. The investment opportunity was too good to be true. William Saoud, Patricia Boland- Saoud, and Bill Saoud Financial, LLC v. Everest Indemnity Insurance Company, No. 21-1621, United States Court of Appeals, Sixth Circuit (July 14, 2022)
Free Insurance Videos

Barry Zalma, Esq., CFE has published five days a week videos on insurance claims, insurance claims law, insurance fraud and insurance coverage matters at
Intending Harm Caused is not Insurable

State Farm Fire and Casualty Company filed a motion for summary judgment, arguing that it owed no duty to defend or indemnify defendants, Hamdallah, L.L.C., et al. (“the LLCs”), against the claims asserted by plaintiff, Nixon Calix. The trial court granted for summary judgment and dismissed all claims against State Farm with prejudice.

In Nixon R. Calix v. Ideal Market # 6, Hamdallah, L.L.C., Kaki and Son, LLC, Hamdallah Hasan “Mario” Kaki, Muwafak “Mike” Kaki, Monadel “Cory” Elbarqa, Nofal “George” Haifa John Does 1-4, El Cortez Foods, LLC, And ABC & XYZ Insurance Company, No. 21-CA-555, Court of Appeals of Louisiana, Fifth Circuit (July 13, 2022) explained the right to rely on a clear and unambiguous exclusion.
Good News From The Coalition Against Insurance Fraud

For example: Dr. Jose Santeiro lured patients for medically unneeded rehab in a $112M fleecing of private insurers in South Florida. Recruiters paid kickbacks to con addicted patients into attending Santeiro’s detox facilities, then plied them with illegal drugs to ensure they were admitted. Santeiro made false claims for excessive urinalysis drug tests that weren’t even used in treatment. Santeiro then readmitted a core group of addicted patients he shuffled between Compass Detox and another facility to fraudulently bill for as much bogus drug treatment as possible. Santeiro also prescribed Compass Detox patients an addictive “comfort drink” to sedate them so they’d stay at the facility and keep returning. And he let cohorts use his log-in at the detox facilities to sign electronic medical files to make it falsely appear he provided treatment. Santeiro was given 4 1/2 years in federal prison.
Convicted of Wire & Insurance Fraud

After being convicted of multiple counts of fraud Ejaz Shreef was sentenced to a term of imprisonment for 48 months on each count, concurrent, followed by two years of supervised release.

In Ejaz Shreef v. United States of America, Nos. 3:18-cr-157-RJC-DCK-2, 3:22-cv-78-RJC, United States District Court, W.D. North Carolina, Charlotte Division (July 8, 2022) resolved his motion to reduce his sentence in favor of the government.
Health Insurance Fraud Convictions

Including a story why a Jury Convicts Man of $600 Million Health Care Fraud, Wire Fraud, and ID Theft Scheme. Mathew James, 54, of East Northport, was convicted by a federal jury. James, a New York man was convicted over $600 million health care fraud, wire fraud, and identity theft scheme.
Zalma on Insurance at
Create a Staff of Professional Claims Handlers

Click Here to Subscribe to the Excellence in Claims Handling Programs for Each of Your Claims Personnel for Only $5 A Month Or $50 A Year by Subscribing to Zalma on Insurance at Locals.

Barry Zalma has created at a series of insurance educational materials most of which are free to anyone. The free materials include more than 441 videos and more than 4200 digests of recent appellate court opinions and more than 81 videos dealing with true crime stories of insurance fraud.
Another Complaint Surfaces on Strems Over Settlement & Fee Deal

Scot Strems, the pain in the bank accounts of Florida insurers could see his two-year suspension completed in July 2022. But allegations by the state Bar could result in new sanctions or even a permanent disbarment.

A 25-page complaint, separate from previous allegations, charges that Miami attorney Strems and his law firm, in 2018 informed a client of a settlement with a property insurance company but then secretly settled with the insurer for twice as much and attempted to pocket a large, unauthorized fee.
In Addition, Another Strems Law Firm Attorney Suspended by Florida Supreme Court

Fallout from the infamous Strems Law Firm’s litigation practices in Florida continues. Two years after Coral Gables plaintiffs’ attorney Scot Strems was suspended from practice for filing thousands of unnecessary lawsuits against property insurers and violating other Bar rules, and two years after the Florida Bar filed a complaint against another attorney with the firm, the state Supreme Court has suspended the lawyer for 91 days.
Other Insurance Fraud Convictions

Insurance Fraud is a Violent Crime – Two Guilty in Sweetie Pie’s Murder-For-Hire Plot

For example: Terica Ellis and Waiel Rebhi Yaghnam charged with the murder-for-hire plot that led to the death of Andre Montgomery in 2016 pleaded guilty July 22, 2022.

In 2020, the two were charged with conspiracy to commit wire and mail fraud. Yaghnam was charged with five counts of aggravated identify theft. Montgomery, the grandson of original Sweetie Pie’s owner Robbie Montgomery, was shot and killed near Fairground Park on March 14, 2016. James Timothy Norman, Montgomery’s uncle, has been charged with conspiracy to use a cellphone in the “commission” of a murder-for-hire that resulted in death. Charging documents revealed that Norman took out a $450,000 life insurance policy on his nephew in 2014 and Norman was the sole beneficiary.

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business. He is available at and [email protected]

Over the last 54 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.

Barry Zalma, Inc., 4441 Sepulveda Boulevard, CULVER CITY CA 90230-4847, 310-390-4455;

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