• Permanent Punishment for Conviction for One Ounce of Cocaine Improper

    Government Overreach and Abuse Reversed

    Post 4927

    Read the full article at https://www.linkedin.com/pulse/permanent-punishment-conviction-one-ounce-cocaine-zalma-esq-cfe-geq1c, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    After Recovery From Cocaine Abuse Dr. Regained License to Practice CMS Refused to Allow Dr. White to Bill Medicare for Services

    Dr. Stephen White challenged two unfavorable decisions made by the Secretary for the United States Department of Health and Human Services (the “Secretary”) that denied and revoked his Medicare enrollment. The decisions, rendered by the Appellate Division of the Departmental Appeals Board (“Board”), were based on Dr. White’s 2010 guilty plea and deferred prosecution for possession of less than 1 gram of cocaine, which occurred in Texas in 2007.

    In Stephen White, M.D. v. Xavier Becerra, Secretary for the United States Department of Health and Human Services, No. 2:19-CV-00037-SAB, United States District Court, E.D. Washington (October 28, 2024) the USDC applied entered a judgment reversing the decision of the Secretary [42 U.S.C. § 405(g).]

    SUMMARY JUDGMENT

    Summary judgment is appropriate if the movant shows that there is no genuine dispute as to any material fact.

    BACKGROUND

    Dr. White is an orthopedic surgeon. In 2006 and 2007, he was arrested and charged with possession of cocaine in Texas. He was able to rehab and become clean of his problem with the drug. The Texas Medical Board revoked his license, but then monitored his recovery and compliance and allowed him to practice again.

    Dr. White had no violations for nine years following his arrest. He is currently practicing medicine in Washington state and is an enrolled Medicare supplier.

    The Administrative Law Judge (ALJ) sustained the denial, finding that CMS had a legitimate basis because Dr. White was convicted of a felony offense. The Board affirmed the ALJ’s decision and Dr. White appealed that decision to the USDC.

    OVERVIEW OF MEDICARE PROGRAM

    The Medicare program provides health insurance benefits to people sixty-five years old or older and to eligible disabled persons. Suppliers, such as Dr. White, must be enrolled in the Medicare program and be granted billing privileges to be eligible to receive payment for care and services rendered to a Medicare-eligible beneficiary.

    DENIALS

    CMS may deny a supplier’s enrollment for any reason stated in federal statutes that allow that CMS may deny a provider’s or supplier’s enrollment in the Medicare program for the some of the following reasons: Felonies such as insurance fraud and similar crimes.

    REVOCATIONS

    The ALJ found CMS had a legitimate basis because White was convicted of a felony offense that CMS determined to be detrimental to the bests interest of the Medicare program and its beneficiaries.

    Dr. White’s presented equitable arguments to the ALJ that

    1 he self-reported and was not practicing;
    2 using his self-report to deny would encourage other physicians to not self-report,
    3 he has fully complied with the terms of the modified license, and
    eventually he was allowed to practice medicine without limitations.

    The Board affirmed the ALJ’s decision, upholding CMS’ denial of Dr. White’s Medicare enrollment and rejected Dr. White’s argument that the timing of the revocation action by CMS was clearly retaliatory and intended to apply pressure on Dr. White for additional monetary penalties.

    ANALYSIS

    The USDC found CMS’ decisions to deny Dr. White enrollment in Medicare and revoke his privileges, and the subsequent Board’s affirmations were arbitrary and capricious and not supported substantial evidence.

    CMS did not have a legitimate reason to deny enrollment or revoke because the record does not support CMS’ assertions that Dr. White’s 2010 conviction for simple possession of a small amount of cocaine was detrimental to the best interest of the Medicare program and its beneficiaries. The USDC understood the deference it owed to administrative agencies as they adjudicate numerous complex cases before them. Yet, a court may not simply act as a rubber stamp for agency decisions.

    Because CMS failed to provide a reasonable basis for denying Dr. White his enrollment in Medicare or revoking his Medicare privileges, the decision of the Secretary is reversed.

    ZALMA OPINION

    A doctor should never get involved or addicted to illegal substances like Cocaine. The Fact that a doctor self reports his involvement with the drug, was rehabilitated, clean for nine years, and practices medicine legally, does not pose a danger to Medicare as do those doctors who are arrested every year for fraud. The decision of Becerra, the ALJ and the Board was clearly retaliatory and abusive and the USDC had no choice but to reverse the Board and let the doctor continue to practice medicine and charge Medicare for his services. Overreach by the administrative agency was stopped by the court.

    (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
    Permanent Punishment for Conviction for One Ounce of Cocaine Improper Government Overreach and Abuse Reversed Post 4927 Read the full article at https://www.linkedin.com/pulse/permanent-punishment-conviction-one-ounce-cocaine-zalma-esq-cfe-geq1c, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. After Recovery From Cocaine Abuse Dr. Regained License to Practice CMS Refused to Allow Dr. White to Bill Medicare for Services Dr. Stephen White challenged two unfavorable decisions made by the Secretary for the United States Department of Health and Human Services (the “Secretary”) that denied and revoked his Medicare enrollment. The decisions, rendered by the Appellate Division of the Departmental Appeals Board (“Board”), were based on Dr. White’s 2010 guilty plea and deferred prosecution for possession of less than 1 gram of cocaine, which occurred in Texas in 2007. In Stephen White, M.D. v. Xavier Becerra, Secretary for the United States Department of Health and Human Services, No. 2:19-CV-00037-SAB, United States District Court, E.D. Washington (October 28, 2024) the USDC applied entered a judgment reversing the decision of the Secretary [42 U.S.C. § 405(g).] SUMMARY JUDGMENT Summary judgment is appropriate if the movant shows that there is no genuine dispute as to any material fact. BACKGROUND Dr. White is an orthopedic surgeon. In 2006 and 2007, he was arrested and charged with possession of cocaine in Texas. He was able to rehab and become clean of his problem with the drug. The Texas Medical Board revoked his license, but then monitored his recovery and compliance and allowed him to practice again. Dr. White had no violations for nine years following his arrest. He is currently practicing medicine in Washington state and is an enrolled Medicare supplier. The Administrative Law Judge (ALJ) sustained the denial, finding that CMS had a legitimate basis because Dr. White was convicted of a felony offense. The Board affirmed the ALJ’s decision and Dr. White appealed that decision to the USDC. OVERVIEW OF MEDICARE PROGRAM The Medicare program provides health insurance benefits to people sixty-five years old or older and to eligible disabled persons. Suppliers, such as Dr. White, must be enrolled in the Medicare program and be granted billing privileges to be eligible to receive payment for care and services rendered to a Medicare-eligible beneficiary. DENIALS CMS may deny a supplier’s enrollment for any reason stated in federal statutes that allow that CMS may deny a provider’s or supplier’s enrollment in the Medicare program for the some of the following reasons: Felonies such as insurance fraud and similar crimes. REVOCATIONS The ALJ found CMS had a legitimate basis because White was convicted of a felony offense that CMS determined to be detrimental to the bests interest of the Medicare program and its beneficiaries. Dr. White’s presented equitable arguments to the ALJ that 1 he self-reported and was not practicing; 2 using his self-report to deny would encourage other physicians to not self-report, 3 he has fully complied with the terms of the modified license, and eventually he was allowed to practice medicine without limitations. The Board affirmed the ALJ’s decision, upholding CMS’ denial of Dr. White’s Medicare enrollment and rejected Dr. White’s argument that the timing of the revocation action by CMS was clearly retaliatory and intended to apply pressure on Dr. White for additional monetary penalties. ANALYSIS The USDC found CMS’ decisions to deny Dr. White enrollment in Medicare and revoke his privileges, and the subsequent Board’s affirmations were arbitrary and capricious and not supported substantial evidence. CMS did not have a legitimate reason to deny enrollment or revoke because the record does not support CMS’ assertions that Dr. White’s 2010 conviction for simple possession of a small amount of cocaine was detrimental to the best interest of the Medicare program and its beneficiaries. The USDC understood the deference it owed to administrative agencies as they adjudicate numerous complex cases before them. Yet, a court may not simply act as a rubber stamp for agency decisions. Because CMS failed to provide a reasonable basis for denying Dr. White his enrollment in Medicare or revoking his Medicare privileges, the decision of the Secretary is reversed. ZALMA OPINION A doctor should never get involved or addicted to illegal substances like Cocaine. The Fact that a doctor self reports his involvement with the drug, was rehabilitated, clean for nine years, and practices medicine legally, does not pose a danger to Medicare as do those doctors who are arrested every year for fraud. The decision of Becerra, the ALJ and the Board was clearly retaliatory and abusive and the USDC had no choice but to reverse the Board and let the doctor continue to practice medicine and charge Medicare for his services. Overreach by the administrative agency was stopped by the court. (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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  • The bottom line is that #Police are more #Violent and more #Corrupt than ANY #Criminal in the United States!

    It is truly RARE to find a criminal that is as dishonest, violent, and eager to harm other people, as is your average Police Officer!

    These people support a CULTURE OF VIOLENCE, corruption, and cover ups!
    And it's NOT "One or two bad apples" as you are told!

    The ENTIRE BUSHEL is rotten to the core

    It looks like the scumbag cop that beat up the guy with cerebral palsy made national news THANKS TO JOHN, at the Civil Rights Lawyer!

    Thanks John!
    I hope your platform GROWS ENORMOUS!

    EVERY POLICE DEPARTMENT IN AMERICA IS JUST AS CORRUPT AS THIS ONE, AND EVERY ONE OF THEM NEED TO BE PROSECUTED BY NON-GOVERNMENT PERSONNEL WHO WILL ACTUALLY PROSECUTE THE CRIMES!

    "Prosecutors" NEVER file charges against Police Officers....
    And they certainly NEVER PROSECUTE POLICE UNDER THE APPROPRIATE STATUTE!

    Which would be TITLE 18 U.S.C. § 241 Conspiracy Against Rights AND
    18 U.S.C. § 242 Deprivation of Rights Under Color of Law

    This is FEDERAL LAW!
    Yet Police are NEVER HELD ACCOUNTABLE for their Criminal actions under these federal statutes because FEDERAL PROSECUTORS refuse to file the charges, making them COMPLICIT in both the crime itself, and in the COVER UP of that crime!

    You want to know WHY POLICE ARE CORRUPT???
    You need not look any further than this FACT!

    And on a side note.... ANY FEDERAL PROSECUTOR who does not file these charges when there is clear and compelling EVIDENCE of the crimes against Americans by Police....

    THAT FEDERAL PROSECUTOR NEEDS TO BE CHARGED UNDER
    TITLE 18 U.S.C. § 241 and 18 U.S.C. § 242 right alongside of the police officer guilty of the crime, AS AN ACCOMPLICE.

    These prosecutors are literally "aiding and abetting" the crimes!

    https://www.nbcnews.com/news/us-news/video-phoenix-police-using-taser-punching-deaf-man-cerebral-palsy-scru-rcna175305
    The bottom line is that #Police are more #Violent and more #Corrupt than ANY #Criminal in the United States! It is truly RARE to find a criminal that is as dishonest, violent, and eager to harm other people, as is your average Police Officer! These people support a CULTURE OF VIOLENCE, corruption, and cover ups! And it's NOT "One or two bad apples" as you are told! The ENTIRE BUSHEL is rotten to the core It looks like the scumbag cop that beat up the guy with cerebral palsy made national news THANKS TO JOHN, at the Civil Rights Lawyer! Thanks John! I hope your platform GROWS ENORMOUS! EVERY POLICE DEPARTMENT IN AMERICA IS JUST AS CORRUPT AS THIS ONE, AND EVERY ONE OF THEM NEED TO BE PROSECUTED BY NON-GOVERNMENT PERSONNEL WHO WILL ACTUALLY PROSECUTE THE CRIMES! "Prosecutors" NEVER file charges against Police Officers.... And they certainly NEVER PROSECUTE POLICE UNDER THE APPROPRIATE STATUTE! Which would be TITLE 18 U.S.C. § 241 Conspiracy Against Rights AND 18 U.S.C. § 242 Deprivation of Rights Under Color of Law This is FEDERAL LAW! Yet Police are NEVER HELD ACCOUNTABLE for their Criminal actions under these federal statutes because FEDERAL PROSECUTORS refuse to file the charges, making them COMPLICIT in both the crime itself, and in the COVER UP of that crime! You want to know WHY POLICE ARE CORRUPT??? You need not look any further than this FACT! And on a side note.... ANY FEDERAL PROSECUTOR who does not file these charges when there is clear and compelling EVIDENCE of the crimes against Americans by Police.... THAT FEDERAL PROSECUTOR NEEDS TO BE CHARGED UNDER TITLE 18 U.S.C. § 241 and 18 U.S.C. § 242 right alongside of the police officer guilty of the crime, AS AN ACCOMPLICE. These prosecutors are literally "aiding and abetting" the crimes! https://www.nbcnews.com/news/us-news/video-phoenix-police-using-taser-punching-deaf-man-cerebral-palsy-scru-rcna175305
    WWW.NBCNEWS.COM
    Video of Phoenix police using a Taser and punching deaf man with cerebral palsy under scrutiny
    Tyron McAlpin was arrested by officers Benjamin Harris and Kyle Sue on Aug. 19 and is charged with two counts of aggravated assault and one count of resisting arrest, all felonies.
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  • Actually, The Democratic Party Is Hitler.
    Along about now, you’re probably wondering what sort of mayhem the Party of Chaos is set to unleash on our democracy after their mighty ballot fraud operation fails to overcome the yet more powerful instinct of the voters to expel them from the seats of power they seized by fraud in 2020 and 2022. You can be sure they’ve gamed-out a playbook aimed at paralyzing the nation one way or another if the effort to install Kamala Harris in the White House face-plants, as it appears to be doing in these final days before the reckoning. More likely, the Party will hijack the nation’s legal machinery to cancel the election ex post facto. They’ve done a swell job in advance setting up conditions that make it difficult if not impossible to sort out legal ballots cast from the frauds. So, expect the Party’s chief lawfare ninja Marc Elias, and his zillion-dollar-funded cadre of pettifoggers, to contest the swing-state precincts where their ballot-harvest somehow fell short a few bushels. They’ll file enough lawsuits to gum up the courts until the sun becomes a red dwarf.
    If the actual numbers add up to a Trump victory, the Democrats will re-brand that as the new “Big Lie” and commence a strenuous campaign in the old media to gaslight the public into believing the vote-count isn’t what it looks like. After all, numbers are math and math is racist. That will provide the rationale, and furnish the game-space, to stop Trump by other means.
    Anyway you cut it, the hysteria in the body politic is running at a pitch — as Mr. Trump himself might say — that has never been seen before, at least not since Fort Sumter. The Democrats complain that a Trump victory means the Department of Justice will be weaponized against them. Is that rich, or what? It actually tells the whole story since you know the Party always accuses its opponents of exactly what it is already doing.
    Speaking of which, we must look forward to Judge Juan Merchan’s November 26th sentencing of Mr. Trump in DA Alvin Bragg’s “Stormy Daniels hush money” case. It’s out there, looming, and it ain’t going away. Judge Merchan is going to have to do. . . something! The jury has pronounced Mr. Trump guilty of those 34 “felonies” (based on 34 book-keeping entries, originally misdemeanors, and beyond the applicable statute of limitations).
    I’d like to see the Judge stash the president-elect in the Rikers Island lockup for a few hours. It’ll be a better stunt than Mr. Trump’s shift serving fries at McDonald’s, or riding the garbage truck after “Joe Biden” called more than half the country that supports him “garbage.” Because a few hours after Mr. Trump settles into his Rikers cell and enjoys his first boloney sandwich, the SCOTUS is going to turn a flame thrower on Judge Merchan and Alvin Bragg and vacate the absurd case and every half-assed procedure that was used to arrive at it, and refer Merchan and Bragg for disbarment for professional misconduct, malicious prosecution, and failure to uphold the law.
    Actually, The Democratic Party Is Hitler. Along about now, you’re probably wondering what sort of mayhem the Party of Chaos is set to unleash on our democracy after their mighty ballot fraud operation fails to overcome the yet more powerful instinct of the voters to expel them from the seats of power they seized by fraud in 2020 and 2022. You can be sure they’ve gamed-out a playbook aimed at paralyzing the nation one way or another if the effort to install Kamala Harris in the White House face-plants, as it appears to be doing in these final days before the reckoning. More likely, the Party will hijack the nation’s legal machinery to cancel the election ex post facto. They’ve done a swell job in advance setting up conditions that make it difficult if not impossible to sort out legal ballots cast from the frauds. So, expect the Party’s chief lawfare ninja Marc Elias, and his zillion-dollar-funded cadre of pettifoggers, to contest the swing-state precincts where their ballot-harvest somehow fell short a few bushels. They’ll file enough lawsuits to gum up the courts until the sun becomes a red dwarf. If the actual numbers add up to a Trump victory, the Democrats will re-brand that as the new “Big Lie” and commence a strenuous campaign in the old media to gaslight the public into believing the vote-count isn’t what it looks like. After all, numbers are math and math is racist. That will provide the rationale, and furnish the game-space, to stop Trump by other means. Anyway you cut it, the hysteria in the body politic is running at a pitch — as Mr. Trump himself might say — that has never been seen before, at least not since Fort Sumter. The Democrats complain that a Trump victory means the Department of Justice will be weaponized against them. Is that rich, or what? It actually tells the whole story since you know the Party always accuses its opponents of exactly what it is already doing. Speaking of which, we must look forward to Judge Juan Merchan’s November 26th sentencing of Mr. Trump in DA Alvin Bragg’s “Stormy Daniels hush money” case. It’s out there, looming, and it ain’t going away. Judge Merchan is going to have to do. . . something! The jury has pronounced Mr. Trump guilty of those 34 “felonies” (based on 34 book-keeping entries, originally misdemeanors, and beyond the applicable statute of limitations). I’d like to see the Judge stash the president-elect in the Rikers Island lockup for a few hours. It’ll be a better stunt than Mr. Trump’s shift serving fries at McDonald’s, or riding the garbage truck after “Joe Biden” called more than half the country that supports him “garbage.” Because a few hours after Mr. Trump settles into his Rikers cell and enjoys his first boloney sandwich, the SCOTUS is going to turn a flame thrower on Judge Merchan and Alvin Bragg and vacate the absurd case and every half-assed procedure that was used to arrive at it, and refer Merchan and Bragg for disbarment for professional misconduct, malicious prosecution, and failure to uphold the law.
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  • Officer Caught Aiding Criminals for Cash

    Police Officer who took Bribes from Insurance Fraudster Convicted

    Post 4923

    Read the full article at https://www.linkedin.com/pulse/officer-caught-aiding-criminals-cash-barry-zalma-esq-cfe-niboc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    Demarkco Johnson (“Johnson”), appealed his convictions and claims the following errors:

    1 The trial court abused its discretion in denying appellant’s request for a jury instruction on entrapment.
    2 The trial court erred in failing to admonish and/or instruct the witness to stop answering questions with a legal conclusion after defense counsel had objected.
    3 Appellant’s convictions are against the manifest weight of the evidence; therefore, his convictions are in violation of the Ohio state constitution and the Sixth and Fourteenth Amendments to the United States Constitution.

    In State Of Ohio v. Demarkco Johnson, 2024-Ohio-5098, No. 113591, Court of Appeals of Ohio, Eighth District, Cuyahoga (October 24, 2024) resolved the issues on appeal.

    FACTS

    Defendants were charged with two counts of conspiracy, three counts of bribery, eight counts of forgery, one count of insurance fraud, one count of identity fraud, and one count of engaging in a pattern of corrupt activity. They engaged in a pattern of corrupt activity charge included a clause alleging that at least one of the incidents of corrupt activity was a felony of the third degree or higher.

    At trial George Michael Riley, Sr. (“Riley”), testified that he became a confidential source for the Federal Bureau of Investigation (“FBI”), which was investigating corruption in the East Cleveland Police Department. Special Agent Shaun Roth (“Roth”), an agent with the FBI working with the Cleveland Metropolitan Anti-Corruption Task Force, testified that the FBI executed a search warrant for one of Riley’s properties.

    Harris’s services included running Riley’s name in police databases to check for warrants and blocking off city roads so Riley could move his demolition equipment throughout the city.

    Two of Riley’s trucks were stolen from his business in East Cleveland. Riley told his contacts at the FBI, and FBI officials instructed him to file a police report with the East Cleveland police just as any other victim would do. Riley cooperated with the FBI.

    After hearing the evidence, the jury found Johnson guilty of two counts of bribery, as alleged in Counts 5 and 10 of the indictment. The jury acquitted him of all other charges. The court sentenced Johnson to 12 months in prison on both counts and ordered that the two prison terms be served concurrently. Johnson appealed the trial court’s judgment.

    Law and Analysis - Entrapment Instruction

    In the first assignment of error, Johnson argues the trial court erred in denying his request for a jury instruction on the defense of entrapment.

    Entrapment is a ‘confession and avoidance’ defense in which the defendant admits committing the acts charged but claims that the criminal design arose with the state’s agent. There is no entrapment when government officials merely afford opportunities or facilities for the commission of the offense to a criminal defendant who was predisposed to commit the offense.

    The video evidence showed Johnson handing Riley reports in exchange for money on multiple occasions. Johnson’s conduct demonstrated a ready acquiescence to the inducements offered by the government’s confidential source and a willingness to become involved in criminal activity in exchange for money.

    The evidence showed that Johnson not only had expert knowledge as to how to create the police reports in a way that could go undetected, but he also had access to the blank police forms that made the concealment of the reports possible. The Court of Appeals found that evidence did not support an entrapment defense.

    Testimony Pertaining to Bribery

    In the second assignment of error, Johnson argues the trial court erred by refusing to instruct Roth to refrain from using the word “bribe” or “bribery payment” in response to questions that were not specifically related to bribe payments. Even if Roth had avoided the words “bribe” or “bribery payment,” the outcome of the trial would not have been any different. The overwhelming evidence established that Johnson helped create fake police reports in exchange for money.

    Manifest Weight of the Evidence

    Johnson argued his convictions were against the manifest weight of the evidence.

    The Court of Appeals noted that Johnson’s convictions were not dependent on his knowledge of any insurance scheme or Harris’s separate dealings with Riley. His convictions were based solely on his position as a police officer in the East Cleveland Police Department and his acceptance of cash in exchange for police reports. Video evidence showed Johnson accepting cash from Riley in exchange for the reports on at least two occasions. And, despite Johnson’s argument to the contrary, Johnson played along when Harris introduced him to Riley as Nevels.

    CONCLUSION

    The Court of Appeals ordered that a special mandate issue out of the court directing the common pleas court to carry this judgment into execution. The defendant’s conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.

    ZALMA OPINION

    There can be no excuse for a police officer to sell information to an insurance criminal to ease the ability of the crime to succeed. Officer Johnson tried multiple arguments to set aside his conviction even though the evidence against him was overwhelming. The Court of Appeals disposed of his arguments quickly and intelligently. Fraud is a crime. Insurance fraud is a crime. Helping the criminal avoid prosecution is also a crime and establishes the officer had given up his honor for cash.

    (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
    Officer Caught Aiding Criminals for Cash Police Officer who took Bribes from Insurance Fraudster Convicted Post 4923 Read the full article at https://www.linkedin.com/pulse/officer-caught-aiding-criminals-cash-barry-zalma-esq-cfe-niboc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Demarkco Johnson (“Johnson”), appealed his convictions and claims the following errors: 1 The trial court abused its discretion in denying appellant’s request for a jury instruction on entrapment. 2 The trial court erred in failing to admonish and/or instruct the witness to stop answering questions with a legal conclusion after defense counsel had objected. 3 Appellant’s convictions are against the manifest weight of the evidence; therefore, his convictions are in violation of the Ohio state constitution and the Sixth and Fourteenth Amendments to the United States Constitution. In State Of Ohio v. Demarkco Johnson, 2024-Ohio-5098, No. 113591, Court of Appeals of Ohio, Eighth District, Cuyahoga (October 24, 2024) resolved the issues on appeal. FACTS Defendants were charged with two counts of conspiracy, three counts of bribery, eight counts of forgery, one count of insurance fraud, one count of identity fraud, and one count of engaging in a pattern of corrupt activity. They engaged in a pattern of corrupt activity charge included a clause alleging that at least one of the incidents of corrupt activity was a felony of the third degree or higher. At trial George Michael Riley, Sr. (“Riley”), testified that he became a confidential source for the Federal Bureau of Investigation (“FBI”), which was investigating corruption in the East Cleveland Police Department. Special Agent Shaun Roth (“Roth”), an agent with the FBI working with the Cleveland Metropolitan Anti-Corruption Task Force, testified that the FBI executed a search warrant for one of Riley’s properties. Harris’s services included running Riley’s name in police databases to check for warrants and blocking off city roads so Riley could move his demolition equipment throughout the city. Two of Riley’s trucks were stolen from his business in East Cleveland. Riley told his contacts at the FBI, and FBI officials instructed him to file a police report with the East Cleveland police just as any other victim would do. Riley cooperated with the FBI. After hearing the evidence, the jury found Johnson guilty of two counts of bribery, as alleged in Counts 5 and 10 of the indictment. The jury acquitted him of all other charges. The court sentenced Johnson to 12 months in prison on both counts and ordered that the two prison terms be served concurrently. Johnson appealed the trial court’s judgment. Law and Analysis - Entrapment Instruction In the first assignment of error, Johnson argues the trial court erred in denying his request for a jury instruction on the defense of entrapment. Entrapment is a ‘confession and avoidance’ defense in which the defendant admits committing the acts charged but claims that the criminal design arose with the state’s agent. There is no entrapment when government officials merely afford opportunities or facilities for the commission of the offense to a criminal defendant who was predisposed to commit the offense. The video evidence showed Johnson handing Riley reports in exchange for money on multiple occasions. Johnson’s conduct demonstrated a ready acquiescence to the inducements offered by the government’s confidential source and a willingness to become involved in criminal activity in exchange for money. The evidence showed that Johnson not only had expert knowledge as to how to create the police reports in a way that could go undetected, but he also had access to the blank police forms that made the concealment of the reports possible. The Court of Appeals found that evidence did not support an entrapment defense. Testimony Pertaining to Bribery In the second assignment of error, Johnson argues the trial court erred by refusing to instruct Roth to refrain from using the word “bribe” or “bribery payment” in response to questions that were not specifically related to bribe payments. Even if Roth had avoided the words “bribe” or “bribery payment,” the outcome of the trial would not have been any different. The overwhelming evidence established that Johnson helped create fake police reports in exchange for money. Manifest Weight of the Evidence Johnson argued his convictions were against the manifest weight of the evidence. The Court of Appeals noted that Johnson’s convictions were not dependent on his knowledge of any insurance scheme or Harris’s separate dealings with Riley. His convictions were based solely on his position as a police officer in the East Cleveland Police Department and his acceptance of cash in exchange for police reports. Video evidence showed Johnson accepting cash from Riley in exchange for the reports on at least two occasions. And, despite Johnson’s argument to the contrary, Johnson played along when Harris introduced him to Riley as Nevels. CONCLUSION The Court of Appeals ordered that a special mandate issue out of the court directing the common pleas court to carry this judgment into execution. The defendant’s conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. ZALMA OPINION There can be no excuse for a police officer to sell information to an insurance criminal to ease the ability of the crime to succeed. Officer Johnson tried multiple arguments to set aside his conviction even though the evidence against him was overwhelming. The Court of Appeals disposed of his arguments quickly and intelligently. Fraud is a crime. Insurance fraud is a crime. Helping the criminal avoid prosecution is also a crime and establishes the officer had given up his honor for cash. (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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    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
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  • THIS IS JUST RIDICULOUS CONSIDERING WHO WAS REALLY INVOLVED WITH 9/11.

    says the #Criminal who cleaned up the 9/11 #Crime scene...
    After #Israel (Mossad) and the US conspired to kill 3000 innocent Americans

    This man and ALL of his accomplices should be tried as #Traitors
    and HUNG if found guilty as subscribed by law!

    SCUMBAGS!

    https://old.bitchute.com/video/sGE39UyEipdV/
    THIS IS JUST RIDICULOUS CONSIDERING WHO WAS REALLY INVOLVED WITH 9/11. says the #Criminal who cleaned up the 9/11 #Crime scene... After #Israel (Mossad) and the US conspired to kill 3000 innocent Americans This man and ALL of his accomplices should be tried as #Traitors and HUNG if found guilty as subscribed by law! SCUMBAGS! https://old.bitchute.com/video/sGE39UyEipdV/
    OLD.BITCHUTE.COM
    This is just ridiculous considering who was really involved with 9/11.
    This is just ridiculous considering who was really involved with 9/11.
    0 Comentários 0 Compartilhamentos 355 Visualizações
  • A Message From Craig From Vermillion County Jail

    Political prisoner in Indiana
    #Criminal #Police Officers CONSPIRED AGAINST THIS MAN'S RIGHTS and charged him with FELONY CRIMES over nothing more than Citizen #Journalism
    (We certainly NEED those, since the MSM are ALL LIARS)

    These #Indiana Police Officers, and I'm certain a Judge and a corrupt #Prosecutor, has conspired to lock this man in a cage over NOTHING!

    All this man is guilty of is seeking TRANSPARENCY from our illegitimate and #Corrupt "government" (Which is NOT your government, it's a Corporation)

    He VIDEO RECORDED A POLICE ENCOUNTER!
    And that somehow transpired into FELONY CHARGES!

    The entire interaction can be seen in my last post!

    Support this man if you have the means!
    BETTER YET, I want you to MAKE YOUR VOICE HEARD TO INDIANA OFFICIALS!

    I want you to voice your grievances with the CRIMINALS inside of the state of Indiana's illegitimate "government"

    WHAT IF THIS WAS YOU???
    What if it was your child, or your mother or father???

    This is PURELY CRIMINAL BEHAVIOR and a clear violation of
    TITLE 18 U.S.C. § 241 Conspiracy Against Rights AND
    18 U.S.C. § 242 Deprivation of Rights Under Color of Law

    Since the "Prosecutors" refuse to do their jobs, under our corrupt maritime admiralty law slave system.... We need to go after these people in their PERSONAL CAPACITY!
    As "MEN & WOMEN who have done real harm" under COMMON LAW!

    We need to go after their SURETY BONDS!
    BondsForTheWin.com can show you how!

    I'm serious folks!
    We MUST go after these people as MEN and WOMEN!
    NOT go after the TITLE they are representing!

    This is a matter of COMMON LAW, and needs to be dealt with as such

    https://www.youtube.com/watch?v=IkTiZ0GFGJo
    A Message From Craig From Vermillion County Jail Political prisoner in Indiana #Criminal #Police Officers CONSPIRED AGAINST THIS MAN'S RIGHTS and charged him with FELONY CRIMES over nothing more than Citizen #Journalism (We certainly NEED those, since the MSM are ALL LIARS) These #Indiana Police Officers, and I'm certain a Judge and a corrupt #Prosecutor, has conspired to lock this man in a cage over NOTHING! All this man is guilty of is seeking TRANSPARENCY from our illegitimate and #Corrupt "government" (Which is NOT your government, it's a Corporation) He VIDEO RECORDED A POLICE ENCOUNTER! And that somehow transpired into FELONY CHARGES! The entire interaction can be seen in my last post! Support this man if you have the means! BETTER YET, I want you to MAKE YOUR VOICE HEARD TO INDIANA OFFICIALS! I want you to voice your grievances with the CRIMINALS inside of the state of Indiana's illegitimate "government" WHAT IF THIS WAS YOU??? What if it was your child, or your mother or father??? This is PURELY CRIMINAL BEHAVIOR and a clear violation of TITLE 18 U.S.C. § 241 Conspiracy Against Rights AND 18 U.S.C. § 242 Deprivation of Rights Under Color of Law Since the "Prosecutors" refuse to do their jobs, under our corrupt maritime admiralty law slave system.... We need to go after these people in their PERSONAL CAPACITY! As "MEN & WOMEN who have done real harm" under COMMON LAW! We need to go after their SURETY BONDS! BondsForTheWin.com can show you how! I'm serious folks! We MUST go after these people as MEN and WOMEN! NOT go after the TITLE they are representing! This is a matter of COMMON LAW, and needs to be dealt with as such https://www.youtube.com/watch?v=IkTiZ0GFGJo
    0 Comentários 0 Compartilhamentos 768 Visualizações
  • AN AMERICAN WAS JUST JAILED WITHOUT BOND FOR AN OVERTURNED LAW

    #Criminals gravitate towards the illegitimate "government"
    they are a psychopathic #OrganizedCrime syndicate

    And let there be no mistake...
    What you call "government" IS ORGANIZED CRIME !

    This video is just one more, in an unending line of EXAMPLES proving that FACT! The #Police who filed these bogus charges should be PROSECUTED UNDER TITLE 18 U.S.C. § 241 Conspiracy Against Rights
    AND 18 U.S.C. § 242 Deprivation of Rights Under Color of Law

    They should be found GUILTY and sent to PRISON, lose their job, their pensions, and be forced to sell their homes, to pay damages to the man wronged by their CRIMINAL ACTIONS!

    This is PURE unadulterated criminality on full display!
    Shooting these scumbags is too good for them!

    They should DIE IN PRISON for this criminal act
    Because wrongfully arresting a man is a heinous crime...
    Which is comparative to MURDER

    Because you are essentially "Murdering" an innocent man's life!

    https://old.bitchute.com/video/lUD4tbYokyw/
    AN AMERICAN WAS JUST JAILED WITHOUT BOND FOR AN OVERTURNED LAW #Criminals gravitate towards the illegitimate "government" they are a psychopathic #OrganizedCrime syndicate And let there be no mistake... What you call "government" IS ORGANIZED CRIME ! This video is just one more, in an unending line of EXAMPLES proving that FACT! The #Police who filed these bogus charges should be PROSECUTED UNDER TITLE 18 U.S.C. § 241 Conspiracy Against Rights AND 18 U.S.C. § 242 Deprivation of Rights Under Color of Law They should be found GUILTY and sent to PRISON, lose their job, their pensions, and be forced to sell their homes, to pay damages to the man wronged by their CRIMINAL ACTIONS! This is PURE unadulterated criminality on full display! Shooting these scumbags is too good for them! They should DIE IN PRISON for this criminal act Because wrongfully arresting a man is a heinous crime... Which is comparative to MURDER Because you are essentially "Murdering" an innocent man's life! https://old.bitchute.com/video/lUD4tbYokyw/
    OLD.BITCHUTE.COM
    An AMERICAN was Just Jailed WITHOUT BOND for an OVERTURNED LAW
    Craig's links: Cash app: https://cash.app/$chandtyaudits Paypal: https://www.paypal.me/Hendry812185?lo... Gofundme: https://www.gofundme.com/f/5jk8g7-cra... Vermillion County Jail Address to send craig books: 1888 IN-63, Hillsdale, IN 47854 🔴 Gra…
    0 Comentários 0 Compartilhamentos 609 Visualizações
  • QUESTION!
    WHY ARE THE DEMON-RATS SO AFRAID THAT PRESIDENT TRUMP WILL DO WHAT THEY HAVE DONE FOR THE LAST 10 YEARS AGAINST HIM...
    ANSWER!
    BECAUSE THEY ARE GUILTY OF EVERYTHING THAT THEY HAVE ACCUSED PRESIDENT TRUMP OF DOING AND MORE...
    QUESTION! WHY ARE THE DEMON-RATS SO AFRAID THAT PRESIDENT TRUMP WILL DO WHAT THEY HAVE DONE FOR THE LAST 10 YEARS AGAINST HIM... ANSWER! BECAUSE THEY ARE GUILTY OF EVERYTHING THAT THEY HAVE ACCUSED PRESIDENT TRUMP OF DOING AND MORE...
    Like
    1
    0 Comentários 2 Compartilhamentos 303 Visualizações
  • The Deep State is Real, Here's Why it Matters.

    Sure... the deep state is real....

    But what people refuse to see is that the "United States of America" is a #Corporation
    A for-profit corporation, located offshore, and owned by international scumbags
    and criminals

    EVERYTHING you think you know about your country, and the criminal organization you call "government" is DEAD WRONG!

    This nation was founded by #Luciferian #Freemasons
    It's purpose was deception, destruction, and taking over the world!

    ALL DONE IN YOUR NAME!
    EVERYONE involved should be EXECUTED as the #Traiters they are!

    ALL 3 letter Agencies should be abolished and it's employees tried for crimes against humanity and Treason

    And EVERY AMERICAN must revoke their "consent" to be ruled by these psychopaths! STOP "voting" to a slave to the "lesser of 2 evils"

    When you "vote" you are giving YOUR CONSENT to every bit of this criminality! So YOU are as guilty as they are!

    https://bastyon.com/embedVideo.php?host=peertube700.pocketnet.app&id=702524ac-8fed-411b-8b1d-9a1f0a8ee42c&embed=true&s=5070cbc3dd30e76965a10fe71f1e42fe298911688ef93d20c8ab8565a63004ee
    The Deep State is Real, Here's Why it Matters. Sure... the deep state is real.... But what people refuse to see is that the "United States of America" is a #Corporation A for-profit corporation, located offshore, and owned by international scumbags and criminals EVERYTHING you think you know about your country, and the criminal organization you call "government" is DEAD WRONG! This nation was founded by #Luciferian #Freemasons It's purpose was deception, destruction, and taking over the world! ALL DONE IN YOUR NAME! EVERYONE involved should be EXECUTED as the #Traiters they are! ALL 3 letter Agencies should be abolished and it's employees tried for crimes against humanity and Treason And EVERY AMERICAN must revoke their "consent" to be ruled by these psychopaths! STOP "voting" to a slave to the "lesser of 2 evils" When you "vote" you are giving YOUR CONSENT to every bit of this criminality! So YOU are as guilty as they are! https://bastyon.com/embedVideo.php?host=peertube700.pocketnet.app&id=702524ac-8fed-411b-8b1d-9a1f0a8ee42c&embed=true&s=5070cbc3dd30e76965a10fe71f1e42fe298911688ef93d20c8ab8565a63004ee
    0 Comentários 0 Compartilhamentos 1K Visualizações
  • IGNORANT COPS HARASS VETERAN OVER CARDBOARD SIGN | ENFORCE LAW HELD UNCONSTITUTIONAL IN 2019!

    Even #Police are not that dumb!

    But since their unlawful actions have NO CONSEQUENCES for them personally, why should they act lawfully?

    You see... EVERY OTHER AMERICAN IS HELD ACCOUNTABLE FOR HIS ACTIONS, but Police are NOT!

    They are kinda like the #Banks who steal people's money...

    The innocent depositors lose everything, and the bank gets bailed out with their tax dollars. When THE BANK is responsible for their own collapse

    The same deal goes for cops!
    They spend all day violating people's rights and putting them into cages, even when they have done nothing wrong....

    Yet they are seemingly "ABOVE THE LAW"
    Because TITLE 18 U.S.C. § 241 Conspiracy Against Rights AND
    18 U.S.C. § 242 Deprivation of Rights Under Color of Law

    Are VERY SERIOUS CRIMES,
    punishable by fines, prison, and even the DEATH PENALTY!

    These are laws which are active and on the books!
    But Police who are clearly GUILTY of violating these "Statutes" are NEVER HELD ACCOUNTABLE! Never prosecuted!

    And that is because Police, the courts, and even the #Prosecutors, are #Criminals committing #Fraud against every American!

    These people work for a for-profit Corporation
    which is NOT YOUR "Government" by the way!

    These criminals have just disguised themselves
    as "servants of the people."

    But the truth is they have NEVER SERVED THE PEOPLE!
    What they do is unlawfully extort MONEY from the people under a Fraud based system of "Maritime Admiralty Law"

    Living MEN & WOMEN are not within their JURISDICTION!
    That is why they deceive you into representing a "Legal Fiction"
    Which is a corporation... Because THEY ARE A CORPORATION, and they can only interact with other corporations!

    Like the one they tricked you into "representing"
    You know... the one they created with your "Birth Certificate"
    (Which is NOT you!)

    It's a "Legal Fiction" that these people have jurisdiction over!
    YOU simply need to learn to STOP REPRESENTING THAT
    "LEGAL FICTION" and they will have no jurisdiction over you!

    These people (ALL OF THEM) belong in prison
    But at the very least, they need to be shut down and kicked out of the country! Until that happens, you remain a slave

    https://old.bitchute.com/video/6aBFNWjPrHI/
    IGNORANT COPS HARASS VETERAN OVER CARDBOARD SIGN | ENFORCE LAW HELD UNCONSTITUTIONAL IN 2019! Even #Police are not that dumb! But since their unlawful actions have NO CONSEQUENCES for them personally, why should they act lawfully? You see... EVERY OTHER AMERICAN IS HELD ACCOUNTABLE FOR HIS ACTIONS, but Police are NOT! They are kinda like the #Banks who steal people's money... The innocent depositors lose everything, and the bank gets bailed out with their tax dollars. When THE BANK is responsible for their own collapse The same deal goes for cops! They spend all day violating people's rights and putting them into cages, even when they have done nothing wrong.... Yet they are seemingly "ABOVE THE LAW" Because TITLE 18 U.S.C. § 241 Conspiracy Against Rights AND 18 U.S.C. § 242 Deprivation of Rights Under Color of Law Are VERY SERIOUS CRIMES, punishable by fines, prison, and even the DEATH PENALTY! These are laws which are active and on the books! But Police who are clearly GUILTY of violating these "Statutes" are NEVER HELD ACCOUNTABLE! Never prosecuted! And that is because Police, the courts, and even the #Prosecutors, are #Criminals committing #Fraud against every American! These people work for a for-profit Corporation which is NOT YOUR "Government" by the way! These criminals have just disguised themselves as "servants of the people." But the truth is they have NEVER SERVED THE PEOPLE! What they do is unlawfully extort MONEY from the people under a Fraud based system of "Maritime Admiralty Law" Living MEN & WOMEN are not within their JURISDICTION! That is why they deceive you into representing a "Legal Fiction" Which is a corporation... Because THEY ARE A CORPORATION, and they can only interact with other corporations! Like the one they tricked you into "representing" You know... the one they created with your "Birth Certificate" (Which is NOT you!) It's a "Legal Fiction" that these people have jurisdiction over! YOU simply need to learn to STOP REPRESENTING THAT "LEGAL FICTION" and they will have no jurisdiction over you! These people (ALL OF THEM) belong in prison But at the very least, they need to be shut down and kicked out of the country! Until that happens, you remain a slave https://old.bitchute.com/video/6aBFNWjPrHI/
    OLD.BITCHUTE.COM
    Ignorant Cops Harass Veteran Over Cardboard Sign | Enforce Law Held Unconstitutional in 2019!
    Got injured in an accident? You could be one click away from a claim worth millions. You can start your claim now with Morgan & Morgan at https://ForThePeople.com/TheCivilRightsLawyer without leaving your couch. Remember, it's free unless you win. V…
    0 Comentários 0 Compartilhamentos 900 Visualizações
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