• Chutzpah – STOLI Fraudster Claims Hardship

    Felon Seeks Release from Home Confinement in Luxury Apartment in New York City

    Post 4931

    Read the full article at https://www.linkedin.com/pulse/chutzpah-stoli-fraudster-claims-hardship-barry-zalma-esq-cfe-8jbhc, see the full video at and at and https://zalma.com/blog plus more than 4900 posts.

    Insurance Fraud is a serious crime, especially when it takes advantage of the elderly to defraud insurers in a Stranger Originated Life Insurance (STOLI) scheme. In United States Of America v. Michael Binday, No. 12 CR 152 (CM), United States District Court, S.D. New York (November 4, 2024) the defendant continued to use the wealth he gained from his fraud to impose on the courts of the United States with frivolous and unfounded motions.

    BACKGROUND

    Michael Binday was sentenced to 144 months’ imprisonment after being found guilty of conspiracy to commit mail and wire fraud, as well as actual mail and wire fraud. The evidence at trial established that Binday led his codefendants in a scheme designed to procure “stranger-originated life insurance” (or “STOLI”) policies-policies on the lives of seniors for the benefit of investors who were strangers to them- by means of fraudulent applications.

    Binday spent the first five years of his sentence at FCI Otisville. But in September 2021, during the height of the COVID-19 Pandemic, the Bureau of Prisons released Binday to serve his sentence on home confinement. Thus, Binday has spent the last three-plus years serving his sentence in his luxury apartment on the upper westside of Manhattan. His sentence is scheduled to end on September 20, 2025.

    Binday filed: (1) a motion for compassionate release and (2) a motion pursuant to Rule 60(b) of the Federal Rules of Civil Procedure seeking to vacate the judgement of this Court dated May 23, 2018, denying his first petition.

    Michael Binday and his two codefendants, James Kergil and Mark Resnick, were found guilty of conspiracy to commit mail and wire fraud; mail fraud; and wire fraud in connection with a scheme to defraud insurance companies which the defendants purported to serve as agents. Binday led his codefendants in a scheme designed to procure “stranger-originated life insurance” (or “STOLI”) policies-policies on the lives of seniors for the benefit of investors who were strangers to them- by means of fraudulent applications. Over the course of their scheme, the defendants submitted at least 92 fraudulent applications, resulting in the issuance of 74 policies with a total face value of over $100 million. These policies generated roughly $11.7 million in commissions to the defendants. Binday was sentenced to 144 months’ imprisonment.

    BINDAY SURRENDERS

    Binday surrendered on July 1,2016, to FCI Otisville to commence his term of imprisonment and immediately filed motions for compassionate release, reversal of his convictions, and multiple other motions.

    On July 1, 2024, Binday-who is serving his sentence in his Manhattan apartment- filed a renewed motion for compassionate release.

    Binday Failed to Demonstrate Extraordinary and Compelling Circumstances

    As a threshold matter, it is worth emphasizing that Binday is not asking to be released from prison, but rather, to be relieved of the inconveniences associated with the rules of home confinement. He has served the last 38 months in his apartment on the upper west side of Manhattan (not at all what the Court intended when he was sentenced). How much more inconvenient it would be if he were back at Otisville- where the Court intended that he would serve his sentence.

    Binday’s crimes were serious. As the court explained when he was sentenced to 144 months in prison: Venality, rampant mendacity, the creation of false documents, obstruction of efforts by the victims to ascertain the truth, obstruction of regulators and the government’s efforts to learn the truth, Binday’s actions were precisely the sort of criminality that has left large segments of our society convince that all businessmen are crooks.

    Insurance fraud may not qualify as a crime of violence within the meaning of the federal sentencing system and that, unfortunately, is why it is all too often punished not with the severity that it deserves. As it is, Binday’s home confinement means that he is subject to far less stringent conditions than he would be otherwise. In that regard, he got more of a break than he deserves.

    The motion for compassionate release was denied.

    ZALMA OPINION

    STOLI fraud is a type of fraud on insurers that effects the straw buyers, usually older men and women who have no need for life insurance, is a truly venal act that deserves serious punishment. Binday stole millions from insurers, owns a luxury apartment in the Upper West Side of New York, and wants to be released from the confinement when he should have stayed in federal prison. He has abused the courts with his multiple motions and appeals and will serve out the remainder of his sentence and the DOJ and FBI should look into his current conduct since there is, in my opinion, the possibility that he is funding his attorneys fees with more fraud.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Chutzpah – STOLI Fraudster Claims Hardship Felon Seeks Release from Home Confinement in Luxury Apartment in New York City Post 4931 Read the full article at https://www.linkedin.com/pulse/chutzpah-stoli-fraudster-claims-hardship-barry-zalma-esq-cfe-8jbhc, see the full video at and at and https://zalma.com/blog plus more than 4900 posts. Insurance Fraud is a serious crime, especially when it takes advantage of the elderly to defraud insurers in a Stranger Originated Life Insurance (STOLI) scheme. In United States Of America v. Michael Binday, No. 12 CR 152 (CM), United States District Court, S.D. New York (November 4, 2024) the defendant continued to use the wealth he gained from his fraud to impose on the courts of the United States with frivolous and unfounded motions. BACKGROUND Michael Binday was sentenced to 144 months’ imprisonment after being found guilty of conspiracy to commit mail and wire fraud, as well as actual mail and wire fraud. The evidence at trial established that Binday led his codefendants in a scheme designed to procure “stranger-originated life insurance” (or “STOLI”) policies-policies on the lives of seniors for the benefit of investors who were strangers to them- by means of fraudulent applications. Binday spent the first five years of his sentence at FCI Otisville. But in September 2021, during the height of the COVID-19 Pandemic, the Bureau of Prisons released Binday to serve his sentence on home confinement. Thus, Binday has spent the last three-plus years serving his sentence in his luxury apartment on the upper westside of Manhattan. His sentence is scheduled to end on September 20, 2025. Binday filed: (1) a motion for compassionate release and (2) a motion pursuant to Rule 60(b) of the Federal Rules of Civil Procedure seeking to vacate the judgement of this Court dated May 23, 2018, denying his first petition. Michael Binday and his two codefendants, James Kergil and Mark Resnick, were found guilty of conspiracy to commit mail and wire fraud; mail fraud; and wire fraud in connection with a scheme to defraud insurance companies which the defendants purported to serve as agents. Binday led his codefendants in a scheme designed to procure “stranger-originated life insurance” (or “STOLI”) policies-policies on the lives of seniors for the benefit of investors who were strangers to them- by means of fraudulent applications. Over the course of their scheme, the defendants submitted at least 92 fraudulent applications, resulting in the issuance of 74 policies with a total face value of over $100 million. These policies generated roughly $11.7 million in commissions to the defendants. Binday was sentenced to 144 months’ imprisonment. BINDAY SURRENDERS Binday surrendered on July 1,2016, to FCI Otisville to commence his term of imprisonment and immediately filed motions for compassionate release, reversal of his convictions, and multiple other motions. On July 1, 2024, Binday-who is serving his sentence in his Manhattan apartment- filed a renewed motion for compassionate release. Binday Failed to Demonstrate Extraordinary and Compelling Circumstances As a threshold matter, it is worth emphasizing that Binday is not asking to be released from prison, but rather, to be relieved of the inconveniences associated with the rules of home confinement. He has served the last 38 months in his apartment on the upper west side of Manhattan (not at all what the Court intended when he was sentenced). How much more inconvenient it would be if he were back at Otisville- where the Court intended that he would serve his sentence. Binday’s crimes were serious. As the court explained when he was sentenced to 144 months in prison: Venality, rampant mendacity, the creation of false documents, obstruction of efforts by the victims to ascertain the truth, obstruction of regulators and the government’s efforts to learn the truth, Binday’s actions were precisely the sort of criminality that has left large segments of our society convince that all businessmen are crooks. Insurance fraud may not qualify as a crime of violence within the meaning of the federal sentencing system and that, unfortunately, is why it is all too often punished not with the severity that it deserves. As it is, Binday’s home confinement means that he is subject to far less stringent conditions than he would be otherwise. In that regard, he got more of a break than he deserves. The motion for compassionate release was denied. ZALMA OPINION STOLI fraud is a type of fraud on insurers that effects the straw buyers, usually older men and women who have no need for life insurance, is a truly venal act that deserves serious punishment. Binday stole millions from insurers, owns a luxury apartment in the Upper West Side of New York, and wants to be released from the confinement when he should have stayed in federal prison. He has abused the courts with his multiple motions and appeals and will serve out the remainder of his sentence and the DOJ and FBI should look into his current conduct since there is, in my opinion, the possibility that he is funding his attorneys fees with more fraud. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
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  • 20 Attorneys
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    20 Attorneys General To Investigate pediatrician Group For False Claims About Transitioning Children
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  • -- Forty-Two Attorneys General Support Social Media Warning Labels – Time for Congress to Act
    https://surgecolumns331790116.wordpress.com/2024/09/18/forty-two-attorneys-general-support-social-media-warning-labels-time-for-congress-to-act/
    -- Forty-Two Attorneys General Support Social Media Warning Labels – Time for Congress to Act https://surgecolumns331790116.wordpress.com/2024/09/18/forty-two-attorneys-general-support-social-media-warning-labels-time-for-congress-to-act/
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    Forty-Two Attorneys General Support Social Media Warning Labels – Time for Congress to Act
    By Kelly Oliver/ Parents Television and Media Council Striker Summary: As a consensus emerges that social media can be a dangerous influence on children, one pro-family group is urging the U.…
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  • https://www.thegatewaypundit.com/2024/09/trump-attorneys-file-urgent-appeal-second-circuit-prevent/
    https://www.thegatewaypundit.com/2024/09/trump-attorneys-file-urgent-appeal-second-circuit-prevent/
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    Trump Attorneys File Urgent Appeal to Second Circuit to Prevent Corrupt New York Judicial System From Ignoring SCOTUS Immunity Ruling and Jailing Trump | The Gateway Pundit | by Cristina Laila
    President Trump’s attorneys filed an urgent appeal to the Second Circuit Court of Appeals to prevent the corrupt New York judicial system from ignoring the Supreme Court’s presidential immunity ruling and jailing Trump.
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  • BREAKING: Attorneys General from Virginia and Missouri, and Wyoming Secretary of State Launch Investigations into ActBlue Over Allegations of Money Laundering Scheme

    https://www.thegatewaypundit.com/2024/08/breaking-attorneys-general-virginia-missouri-wyoming-secretary-state/
    BREAKING: Attorneys General from Virginia and Missouri, and Wyoming Secretary of State Launch Investigations into ActBlue Over Allegations of Money Laundering Scheme https://www.thegatewaypundit.com/2024/08/breaking-attorneys-general-virginia-missouri-wyoming-secretary-state/
    WWW.THEGATEWAYPUNDIT.COM
    BREAKING: Attorneys General from Virginia and Missouri, and Wyoming Secretary of State Launch Investigations into ActBlue Over Allegations of Money Laundering Scheme | The Gateway Pundit | by Jim Hᴏft
    The Attorneys General of Virginia and Missouri, along with the Secretary of State of Wyoming, have announced simultaneous investigations into ActBlue over allegations of a money laundering scheme.
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  • https://www.thegatewaypundit.com/2024/08/breaking-attorneys-general-virginia-missouri-wyoming-secretary-state/
    https://www.thegatewaypundit.com/2024/08/breaking-attorneys-general-virginia-missouri-wyoming-secretary-state/
    WWW.THEGATEWAYPUNDIT.COM
    BREAKING: Attorneys General from Virginia and Missouri, and Wyoming Secretary of State Launch Investigations into ActBlue Over Allegations of Money Laundering Scheme | The Gateway Pundit | by Jim Hᴏft
    The Attorneys General of Virginia and Missouri, along with the Secretary of State of Wyoming, have announced simultaneous investigations into ActBlue over allegations of a money laundering scheme.
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  • Civil rights attorneys hired after child shot by Douglas County deputy
    in suspect pursuit

    #Police don't give a sh*t about YOU or your child!
    And "Held Accountable" is something that we have NEVER seen with Police!

    It's spray and pray... and move to the next county if you get fired!
    NO CRIMINAL CHARGES ARE EVER FILED!

    And they are certainly never prosecuted under
    TITLE 18 U.S.C. § 241 and TITLE 18 U.S.C. § 242!

    Because the entire system is corrupt and #Criminal

    https://www.youtube.com/watch?v=KyDI7DvKHaU&list=RDNSKyDI7DvKHaU&start_radio=1
    Civil rights attorneys hired after child shot by Douglas County deputy in suspect pursuit #Police don't give a sh*t about YOU or your child! And "Held Accountable" is something that we have NEVER seen with Police! It's spray and pray... and move to the next county if you get fired! NO CRIMINAL CHARGES ARE EVER FILED! And they are certainly never prosecuted under TITLE 18 U.S.C. § 241 and TITLE 18 U.S.C. § 242! Because the entire system is corrupt and #Criminal https://www.youtube.com/watch?v=KyDI7DvKHaU&list=RDNSKyDI7DvKHaU&start_radio=1
    0 Comments 0 Shares 751 Views
  • No one is above the law.
    God Bless America, God Save The Republic.
    AWW... POOR BABY! — BREAKING UPDATE: Hunter Biden's Attorneys Are Now... https://conservativeroof.com/hunter-bidens-attorneys-request-new-trial-following-guilty-verdict-in-gun-case/
    No one is above the law. God Bless America, God Save The Republic. AWW... POOR BABY! — BREAKING UPDATE: Hunter Biden's Attorneys Are Now... https://conservativeroof.com/hunter-bidens-attorneys-request-new-trial-following-guilty-verdict-in-gun-case/
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  • The court doesn't always get it right.
    https://www.youtube.com/watch?v=bpZvg_FjL3Q
    God Bless America, God Save The Republic.
    Motion made to stay order and deny Hemme's release, attorneys respond https://www.kq2.com/news/motion-made-to-stay-order-and-deny-hemmes-release-attorneys-respond/article_9e040076-301b-11ef-a5df-a73ffdf1bfd5.html?utm_medium=social&utm_source=twitter&utm_campaign=user-share via @kq2
    The court doesn't always get it right. https://www.youtube.com/watch?v=bpZvg_FjL3Q God Bless America, God Save The Republic. Motion made to stay order and deny Hemme's release, attorneys respond https://www.kq2.com/news/motion-made-to-stay-order-and-deny-hemmes-release-attorneys-respond/article_9e040076-301b-11ef-a5df-a73ffdf1bfd5.html?utm_medium=social&utm_source=twitter&utm_campaign=user-share via @kq2
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  • Kansas AG Pfizer Lawsuit Will Stop CV19 Bioweapon Vax Industry – Karen Kingston
    https://rumble.com/v52f0dg-kansas-ag-pfizer-lawsuit-will-stop-cv19-bioweapon-vax-industry-karen-kingst.html

    In a stunning new CV19 vax lawsuit filed this week by Kansas Attorney General Kris Kobach, there is new hope to finally bring down the CV19 bioweapon vax industry. AG Kobach filed a lawsuit against Pfizer, the biggest maker of the CV19 so-called “vaccine” with more than 60% of the market globally. Kobach is alleging “unlawful misrepresentation” of the efficacy of the injections and “censoring public discussion” of the disastrous effects of the injections. On top of that, it is reported by Kobach that four other states are going to join the Kansas AG’s lawsuit. This is big, and biotech analyst Karen Kingston, who has warned from the beginning of the murderous and disabling effects of the CV19 injections, explains why, “I am overjoyed to share this. Again, AG Kobach is suing Pfizer for ‘fraud and unconscionable acts.’ Ten counts have been brought against Pfizer, including conspiring with Health and Human Services (HHS), the (legacy) media, social media, other agencies and even the lobbying group ‘Bio.’ Even bigger than that, Kobach announced four other states will be joining this lawsuit and potentially even more. . .”

    Why were other vax makers not sued? Kingston said, “It was because of the contract Pfizer had. They were not under the supervision of the U.S. government and did not participate with the Warp Speed program. Under that program, the U.S. government controlled the products that were being manufactured. . . . What it comes down to is because of the contract that Pfizer signed with the U.S. government, and it looks like Trump had his fingerprints all over it, the art of the deal, Trump broke Pfizer’s liability shield that the contract would be a weapon, so that state prosecutors and Americans could sue Pfizer if they did anything wrong. They tried to defraud us, and they harmed and manipulated us.”

    Just in Kansas alone, Pfizer could be liable for hundreds of millions of dollars in damages for killing and harming people. Kingston goes on to say, “In all of these counts that are being brought by Kansas and the four additional states, the 10th count is the most important because so much for saying the Covid-19 injections are not safe and effective and they do cause harm, disease, disability, infertility, Myocarditis, Pericarditis and death. It is no longer a conspiracy theory. It is a fact with count number 10, it is a civil conspiracy.”

    Many groups are alleged to have conspired to keep information about the dangers of these CV19 injections from the public. Some of the groups are the US government’s Health and Human Services (HHS), Stanford University and ‘BIO’ (Biotechnology Innovation Organization), the world’s largest bio lobbying group. Kingston adds, “BIO was the group that worked behind the scenes to shut down the BIOSECURE Act on behalf of China. . . . Even though these other groups are named as co-conspirators in this lawsuit, they are not going after those co-conspirators. You let Pfizer bring them in and explain what happened.” Kingston adds all co-conspirators can be sued for their role in hiding the truth about the CV19 injections from the public at a later time.

    Kingston also points out, “When the BIOSECURE Act was brought up earlier this year, all the CEOs of Pfizer, GSK, AstraZeneca, they all flew to China and said you’ve got our backs, right? You are going to protect us, right? . . . . I think these Attorneys General are starting to wake up and say, wait a second, this mRNA technology from our U.S. pharma companies was actually used as a weapon against the American people. If they don’t stop it, there will be no future for our country. There will be no posterity. I think they are realizing that, but I also think they want to avoid World War III.”

    In closing, Kingston says the Pfizer data proves, “If you get the injection, you get the (CV19) infection. It is the exact opposite of what we would call a vaccine. On top of that, they (Pfizer) knew about all the disease, disability, infertility and death that it would cause. . . . Their actual labeling is criminal. . . .Forcing the CV19 vaccine was about breaking American values and breaking our belief that individuals have human rights. That’s what it was about. . . . This is also about editing human beings, and not just human beings, but all biological lifeforms. The synthetic bio industry wants to do this to the world, and they want the laws to go away. They think they are the good guys.”
    Kansas AG Pfizer Lawsuit Will Stop CV19 Bioweapon Vax Industry – Karen Kingston https://rumble.com/v52f0dg-kansas-ag-pfizer-lawsuit-will-stop-cv19-bioweapon-vax-industry-karen-kingst.html In a stunning new CV19 vax lawsuit filed this week by Kansas Attorney General Kris Kobach, there is new hope to finally bring down the CV19 bioweapon vax industry. AG Kobach filed a lawsuit against Pfizer, the biggest maker of the CV19 so-called “vaccine” with more than 60% of the market globally. Kobach is alleging “unlawful misrepresentation” of the efficacy of the injections and “censoring public discussion” of the disastrous effects of the injections. On top of that, it is reported by Kobach that four other states are going to join the Kansas AG’s lawsuit. This is big, and biotech analyst Karen Kingston, who has warned from the beginning of the murderous and disabling effects of the CV19 injections, explains why, “I am overjoyed to share this. Again, AG Kobach is suing Pfizer for ‘fraud and unconscionable acts.’ Ten counts have been brought against Pfizer, including conspiring with Health and Human Services (HHS), the (legacy) media, social media, other agencies and even the lobbying group ‘Bio.’ Even bigger than that, Kobach announced four other states will be joining this lawsuit and potentially even more. . .” Why were other vax makers not sued? Kingston said, “It was because of the contract Pfizer had. They were not under the supervision of the U.S. government and did not participate with the Warp Speed program. Under that program, the U.S. government controlled the products that were being manufactured. . . . What it comes down to is because of the contract that Pfizer signed with the U.S. government, and it looks like Trump had his fingerprints all over it, the art of the deal, Trump broke Pfizer’s liability shield that the contract would be a weapon, so that state prosecutors and Americans could sue Pfizer if they did anything wrong. They tried to defraud us, and they harmed and manipulated us.” Just in Kansas alone, Pfizer could be liable for hundreds of millions of dollars in damages for killing and harming people. Kingston goes on to say, “In all of these counts that are being brought by Kansas and the four additional states, the 10th count is the most important because so much for saying the Covid-19 injections are not safe and effective and they do cause harm, disease, disability, infertility, Myocarditis, Pericarditis and death. It is no longer a conspiracy theory. It is a fact with count number 10, it is a civil conspiracy.” Many groups are alleged to have conspired to keep information about the dangers of these CV19 injections from the public. Some of the groups are the US government’s Health and Human Services (HHS), Stanford University and ‘BIO’ (Biotechnology Innovation Organization), the world’s largest bio lobbying group. Kingston adds, “BIO was the group that worked behind the scenes to shut down the BIOSECURE Act on behalf of China. . . . Even though these other groups are named as co-conspirators in this lawsuit, they are not going after those co-conspirators. You let Pfizer bring them in and explain what happened.” Kingston adds all co-conspirators can be sued for their role in hiding the truth about the CV19 injections from the public at a later time. Kingston also points out, “When the BIOSECURE Act was brought up earlier this year, all the CEOs of Pfizer, GSK, AstraZeneca, they all flew to China and said you’ve got our backs, right? You are going to protect us, right? . . . . I think these Attorneys General are starting to wake up and say, wait a second, this mRNA technology from our U.S. pharma companies was actually used as a weapon against the American people. If they don’t stop it, there will be no future for our country. There will be no posterity. I think they are realizing that, but I also think they want to avoid World War III.” In closing, Kingston says the Pfizer data proves, “If you get the injection, you get the (CV19) infection. It is the exact opposite of what we would call a vaccine. On top of that, they (Pfizer) knew about all the disease, disability, infertility and death that it would cause. . . . Their actual labeling is criminal. . . .Forcing the CV19 vaccine was about breaking American values and breaking our belief that individuals have human rights. That’s what it was about. . . . This is also about editing human beings, and not just human beings, but all biological lifeforms. The synthetic bio industry wants to do this to the world, and they want the laws to go away. They think they are the good guys.”
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