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Even the stupid may become citizens but not a forced insurance fraud



Being a citizen of the United States was one of the proudest moments of my parents' lives. Despite being away from their rewards, I still retain their naturalization acts that make them citizens of the United States. Being a citizen is the ambition of almost all legal immigrants to the United States. However, becoming a citizen is not something that happens automatically upon request. There is a test that must be taken and the applicant must prove that they have sufficient moral character to function as a citizen.

In Dia Lindo, aka Dia Grant, also Dia Bromfield, aka Dia Grant-Bromfield v Secretary, US Homeland Security Department, Director, US Citizenship and Immigration Services, Lori Scialabba, Deputy Director, Chief Legal Officer USCIS, US Advocate General, Linda Swacina, USCIS District Director, et al. No. 1

8-12249, United States Appeal Court for Eleventh Circuit (March 15, 2019) Dia Lindo filed an application for examination of the refusal of her application for naturalization in the district court. The government moved for a summary judgment claiming that Lindo was excluded from becoming a naturalized citizen because she was convicted of two aggravated crimes, as defined in the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1101 a (43). The district court granted the government's movement. Dia Lindo appealed to the eleventh circle.

FACTS

Lindo is a citizen of Jamaica and a permanent resident of the United States. She achieved permanent resident status in 1997. In April 2001, Lindo reported her Lexus car stolen and submitted insurance claims to the State Farm Insurance Company. As a result, State Farm Lindo sent a $ 21,695.65 check, paid rental car hire on behalf of Lindos, and paid a Lexus loan. But in March 2002, the police discovered that Lindo was driving the same Lexus she reported stolen.

She was guilty of a speech of theft and a number of insurance fraud. She charged no contest against both charges, was sentenced to 15 months in prison and ordered to pay $ 21,695.65 in repayment.

Lindo filed an application for naturalization in 2012, eleven years after her conviction. US Citizenship and Immigration Services ("USCIS") denied their application in 2013 and found that Lindo lacked the necessary good moral character to become a citizen against the background of her two aggravated crimes against conviction. The Court of Appeal argued that Lindos beliefs about theft and insurance fraud were aggravated felonies that prevented her from becoming a naturalized citizen.

ANALYSIS

In the naturalization procedure, the applicant is responsible for determining his or her eligibility for citizenship through consideration of the evidence. If a "fair-minded jury could [not] return a judgment for the plaintiff on the evidence presented, summary judgment is appropriate as a legal issue.

INA prescribes that no one should be naturalized unless they are a person of good moral character. INA defines an "aggravated felony", in the relevant part, as a crime that "means fraud or fraud where the loss to the victim or victim exceeds $ 10,000." 8 U.S.C. § 1101 (a) (43) (M) (i).

Lindo's insurance fraud conviction involves fraud even though it intends to damage the element. The Constitution criminalizes "deliberately" making a statement containing "any false, incomplete or misleading information about any matter or material" in an insurance claim. Since the Charter requires deliberately making a substantially false or misleading statement in an insurance claim, it necessarily means a fraudulent act. The act of deliberately leading someone to believe in something that is not true and a false fact of a person consciously intending someone else to act upon it. The court therefore rejected Lindo's argument that it did not.

In addition to fraud or fraud confirmation, INA requires that an applicant's actions have resulted in the loss exceeding $ 10,000 to the victim for the conviction of counting as an aggravated crime. Lindo does not dispute that she was ordered to pay $ 21,695.65 in a refund to State Farm. She was ordered to pay this money to State Farm through a repayment order, which was converted into a civilian lien. Although the repayment order did not specify the conviction that the repayment was premature, the civilian list lists both Lindo's allegations of theft and insurance fraud.

Although all the conclusions were drawn to her benefit, the refund amount ordered – $ 21,695.65 – matches The exact amount of money Lindo made fraudulent state yard to pay her.

Lindo's belief in insurance fraud thus fulfills the definition of a crime "involving [fraud] or fraud where the loss to the victim or victim exceeds $ 10,000. "Her conviction involved fraud as a legal issue and the loss to the victim was over $ 10,000.

She is therefore not entitled to become a naturalized citizen.

Contrary to many beliefs, insurance fraud is a serious crime. Dia Lindo taught she was obliged to spend months in prison and pay more than $ 20,000 in repayment, waiting eleven years after her conviction to apply for citizenship and was denied because of the conviction of a serious crime involving moral turpitude. Stupid enough to get caught by reporting the theft on a car she continued to drive, although stupidity is not something that can deprive a person of citizenship is criminal behavior.


© 2019 – Barry Zalma

This article and all blog posts on this page, melt and summarize issues published by the courts of different states and the United States. the remittance decisions have been modified from the actual language of the court decisions, condensed to facilitate reading and convey the author's views in each individual case.

Barry Zalma, Esq., CFE, now restricts his practice of service as an insurance consultant specializing in insurance coverage, insurance management, bad faith assurance, and insurance fraud nearly equal 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 cover and law firm and more than 50 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual liability magazine / ACE Legend Award.

Over the past 51 years, Barry Zalma has put his life on insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims to become insurance managers.

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