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

(admin) The Haters & Victims are doing what they do best In Midtown Manhattan...accuse other of what they themselves do. Radical Left Activates Anti-Trump Protests In Midtown Manhattan https://x.com/i/status/1855331514784919900 "Thousands march in Midtown Manhattan as New York City law enforcement monitors. Protesters rally against fascism, deportation, anti-trans hate, and systemic oppression, expressing concerns over Donald Trump's election as the 47th President," the X user said, adding, "Chants of "Racist, sexist, anti-gay" and signs highlight their solidarity for marginalized communities."

BREAKING: Sean ‘P Diddy’ Combs has tragically committed suicide in Manhattan jail tomorrow https://genesiustimes.com/breaking-sean-p-diddy-combs-has-tragically-committed-suicide-in-manhattan-jail-tomorrow/

WATCH: African, Venezuelan Illegals Brawl in Manhattan https://www.infowars.com/posts/shock-video-african-venezuelan-illegals-brawl-in-manhattan

https://thewashingtonstandard.com/3-out-of-4-arrested-in-manhattan-neighborhood-are-migrants/

OUR DAILY OLDIES: TODAY SONG IS REALLY OLD. IT COMES FROM THE 1940s, ORIGINALLY FROM THE ORCHESTRA OF GLENN MILLER BUT THIS IS A MORE MODERN VERSION BY A GROUP CALLED 'MANHATTAN TRANSFER'. ENJOY IT!

June 10, 1991 – For the second time in three days, the nation witnesses a “Victory Parade” to celebrate the quick defeat and expulsion of Iraqi forces from Kuwait in Operation Desert Storm. Among the marching units is the New York Guard’s 719th Transportation Company, adescendent of the all-black 369th Infantry which gained fame as the “Harlem Hellfighters” in World War I.This parade is the first military “victory” parade held in Manhattan’s “Canyon of Heroes” since the end of World War II. While Gen. Douglas MacArthur was given a ticker-tape parade by the city in 1951 (after being relieved of his command in Korea by President Truman), no victory parade was offered by the city after the end of the Korean or Vietnam wars. So when the plans for the Desert Storm parade were made, special invitations were made to Korean and Vietnam veterans’ organizations to join in the march.

CNN Senior Legal Analyst Describes How The Trump Conviction Was A Political Hit Job 1. "The judge donated money... in plain violation of a rule prohibiting New York judges from making political donations—to a pro-Biden, anti-Trump political operation." 2. Alvin Bragg boasted on the campaign trail in an overwhelmingly Democrat county, “It is a fact that I have sued Trump over 100 times.” 3. "Most importantly, the DA’s charges against Trump push the outer boundaries of the law and due process." 4. "The charges against Trump are obscure, and nearly entirely unprecedented. In fact, no state prosecutor — in New York, or Wyoming, or anywhere — has ever charged federal election laws as a direct or predicate state crime, against anyone, for anything. None. Ever." 5. The DA inflated misdemeanors past the statute of limitations and "electroshocked them back to life" by alleging the falsification of business records was committed 'with intent to commit another crime.' 6. "Inexcusably, the DA refused to specify what those unlawful means actually were — and the judge declined to force them to pony up — until right before closing arguments. So much for the constitutional obligation to provide notice to the defendant of the accusations against him in advance of trial." 7. "In these key respects, the charges against Trump aren’t just unusual. They’re bespoke, seemingly crafted individually for the former president and nobody else." 8. "The Manhattan DA’s employees reportedly have called this the “Zombie Case” because of various legal infirmities, including its bizarre charging mechanism. But it’s better characterized as the Frankenstein Case, cobbled together with ill-fitting parts into an ugly, awkward, but more-or-less functioning contraption that just might ultimately turn on its creator." https://nymag.com/intelligencer/article/trump-was-convicted-but-prosecutors-contorted-the-law.html

Eric also speaks about this BS trial… • No one believes they shut down the DA’s office for a three year period to investigate Trump over $130,000 • No one believes they shut down lower Manhattan, for six weeks and the largest NYPD presence… for $130,000 • November one believes while they have someone with a machete in a McDonald’s in Times Square cutting the hell out of people, Alvin Bragg is sitting in a courthouse over $130,000 • Hunter Biden has a laptop full of hookers, cocaine, they’re finding drugs in the White House…, illegal deals with every country around the world… • Joe Biden, look how much money he made? How did he get that money as a senator salary? • What about Clinton’s? Hillary deleted 33,000 emails… she got away with murder! 👀 https://rumble.com/v4ysl55-donald-trump-raised-53-million-dollars-in-small-dollar-donations-in-24-hour.html

For some reason, the Manhattan DA office in NY is having a high volume of calls at (212) 335-9000