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Insurance fraud is often a crime of violence



There is a myth that is consistent with the US criminal and civil courts that insurance fraud is a non-violent crime. Abdullah Alkhalidi ("Alkhalidi") was convicted of murder, robbery and theft. The Indiana state court denied relief and held Alkhalidi's innocence claim strongly pointed out that he would not have accepted the plea. The state court also considered that Indiana requires an appellant to acknowledge a basic contractual basis, otherwise the trial would be prevented from entering the plea. Alkhalidi applied for relief from the habeas corpus and the district court rejected the petition.

In Abdullah T. Alkhalidi v Ron Neal No. 19-1378, United States Court of Appeals for the Seventh Circuit (June 29, 2020), at trial, Alkhalidi testified that his former roommate killed the victim in Alkhalidi's vehicle while Alkhalidi followed in a car he was planning to sell as part of an insurance fraud. Alkhalidi admitted that he helped hide the body and got stolen money but denied any other involvement. A jury found Alkhalidi guilty on all counts and the trial imposed a sentence of 65 years. The Indiana Court of Appeals upheld the conviction.

BACKGROUND

On May 3, 1

999, Alkhalidi was seen leaving a casino with another man (the "victim"). The victim was found dead a few days later with a gunshot wound to the head. Police found the victim's license plate and driver's license, blood in Alkhalidi's car, a gun and other criminal evidence that Alkhalidis held.

In September 2007, Alkhalidi, his lawyer and the prosecutor met to discuss a plea. After the meeting, the Prosecutor proposed a basic tender with a strict deadline. On September 13, the prosecutor sent a letter to Alkhalidi's lawyer stating that the best offer he could extend would be for Alkhalidi to plead guilty to robbery and theft. The letter states that the offer deadline would be September 21, 2007.

Alkhalidi expressed dissatisfaction with the plea and indicated that he had a desire to counter. The Court denied Alkhalidi's proposal. In 2010, Alkhalidi submitted a request for exemption after conviction and in 2014 Alkhalidi submitted a changed petition. In 2015, the court held a post-sentencing hearing. Alkhalidi testified that he had accepted the offer or made a counter-offer. The Court of First Instance refused relief because Alkhalidi "retained his innocence throughout the proceedings" and failed to establish that he accepted the plea. Indiana requires the defendant to recognize the actual plea of ​​the plea, otherwise the court will not accept the plea.

Alkhalidi filed a federal writ of habeas corpus relief to the district court which was rejected.

DISCUSSION

A federal court may grant habeas corpus relief for a state prisoner who is in custody in violation of the United States Constitution or laws or treaties. Federal habeas review thus exists as a guard against extreme errors in the state's criminal justice system, not a substitute for common error correction through appeals.

When a state prisoner requests a federal court to set aside a verdict for ineffective assistance of counsel during basic hearings, our cases require that the federal court use a double-standard of review that gives both the state court and defense counsel the benefit of the doubt. The petitioner must show that the state court's decision was contrary to or involved an unreasonable application of, clearly established federal law, or was based on an unreasonable assessment of facts in the light of the evidence presented in the state court proceedings.

Alkhalidi was unable to show prejudice. Alkhalidi could not show that the state court's decision was contrary to or involved an unreasonable application of clearly-defined federal law, and therefore the decision was based on an unreasonable assessment of facts in the light of the evidence presented in the state court proceedings. [19659002] A reasonable likelihood of Alkhalidi accepting a review agreement is beyond the scope of his insistence on adversity. Nothing in the protocol shows any reasonable likelihood Alkhalidi would have pleaded guilty.

The record shows that Alkhalidi remained engaged in advocating his innocence and showed no likelihood of reduction. Finally, Alkhalidi failed to meet the demanding double deferential standard which gives the benefit of doubt to the state court and defense attorney.

He could not show that there was no way justice lawyers could agree with his assertions the state court's decision contravened prejudice. Since the state court was reasonable in finding that Alkhalidi had not determined, he would have accepted the plea and the state court would have accepted the plea even if he had taken it.

The judgment of the court was affirmed and the writ of habeas corpus denied.

There is a myth that is consistent with US criminal and civil courts that insurance fraud is a non-violent crime that must be destroyed. Mr Alkhalidi was involved in creating a car insurance fraud when his system was interrupted by a murder. The victim's license plate and driver's license, blood were found in Alkhalidi's car, a gun and other criminal evidence in Alkhalidi's possession. Because murder, whether as part of an insurance fraud or coinciding with an insurance fraud, is a crime of violence. He was convicted on the grounds that the evidence was overwhelming and his attempt to obtain a habeas corpus release failed as did his defense fraud insurance as his intent and someone else killed the victim.


© 2020 – Barry Zalma

Barry Zalma, Esq., CFE, now restricts his practice to act as an insurance consultant specializing in insurance coverage, insurance claim management, insurance bad faith insurance and insurance fraud. insurers and policyholders. He also acts as arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and insurance attorney and more than 52 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 Claims Magazine / ACE Legend Award.

For the past 52 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurance companies and their claims staff to become professional insurance claims.

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