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Zalma's insurance fraud letter – February 1, 2019



Incorrectly promising a customer that a shipment is insured is criminal

Insurance fraud is usually a crime against an insurer. However, since insurance fraud appears to be ubiquitous, it can also be an insurance fraud to promise a customer that a shipment is insured when it is not. In the United States vs. Melinda J. Campbell (No. 17-5642); Elliot Campbell (No. 17-5973), No. 17-5642, No. 17-5973, United States Appeal Court for the Sixth Circle (January 15, 2019) Justice Nalbandian wrote for a unanimous sixth circuit: "When it comes to Melinda and Elliot Campbell's Thinking Bonnie and Clyde. But instead of robbing banks, they targeted the trucking industry. "

FACTS

Campbells created fake shipping companies, persuaded third parties to hire them to deliver cargo and then held the consignments as hostages until third parties paid the redemption amount for the deliveries. The government accused Campbells of six bills of wire fraud, a bill of conspiracy to commit wire fraud and a number of conspiracies to commit extortion. After a five-day trial, a jury judged Campbells.

Campbells operated various trucking companies in Kentucky. Bryan Napier worked for Campbells as a sender. This meant that Napier found the load for Campbell's trucks to deliver from point A to point B. And then, Campbells (with Napier's help) started contracts with various shipping companies to deliver the cargo.

But to induce the shippers to intervene in these contracts, Campbell's "false beliefs and / or promises" that they "never really intended to follow [with] did. For example, Campbells agreed to meet certain conditions, such as providing proof of a trucking license, insurance, and tax forms; uses multiple drivers to make deliveries within a certain time frame and covers the load with a tarp. Campbells also promised to deliver the cargo before they got paid. But when the shippers were suppressed, the battle balls failed to comply with these conditions.

The government identified at least 69 victims who lost money under Campbell's system. Campbells also instructed the drivers to "lift up" loads. This meant that shippers would pay Campbell's extra to deliver cargo exclusively without any other load on the truck. But after agreeing on this condition, Campbells instructed his drivers to combine other loads on the truck and deliver the additional cargo first to "make sure they had met that requirement."

Campbells extended their con by creating fake company names and false employment names. The Campbellans then used these fake names to falsify government forms and insurance documents.

The Campbellians went to trial and tried to explain their behavior. Campbell's defense was based on the general rule that a truck company retains a "carrier line" on a shipment, allowing the carrier to keep the shipment until the customer pays. According to Campbells, they legally refused to deliver freight-under these standard bearers' rights ̵

1; until their customers paid. And Napier and Elliot testified that, if a dispute arose, he believed he had a legal right to renounce delivery.

In their agreements, Campbells explicitly renounced any carrier and promised to demand payment "within twenty days from the receipt [of cargo]." The Court found that "[a] a result of these contract terms, the standard rules … no longer apply. . [and] Campbells had no legal right to demand payment from their customers in advance. "When Campbells gave up their rights to a carrier, it became illegal for them to refuse to deliver cargo until their customers paid.

Melinda argued that these losses originated from an unrelated traffic accident (and insurance disputes) – and not from the fraudulent transport system itself. The court disagreed and explained that "it is clear to the court that insurance was part of Campbell's criminal activity and that these insurance losses – although due to an accident – were reasonably predictable, as one of the ways in which Campbell tricked customers into Business with them was to claim that they had insurance when they actually did not. "

The court sentenced Elliot and Melinda to fifty six months in prison.

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  • The latest posts in the daily blog Zalma on Insurance, one of Feedspots top 50 insurance law blogs, can be found at http://zalma.com/blog. Check every day for a summary at http://zalma.com / blog

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    If you start on Volume 1 at the bottom of the blog's first page and show One or two videos a day you will have about 12 to 24 hours of training a year until you get to the latest video.


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