The key ingredient in a criminal prosecution for insurance fraud typically is a false insurance claim filed by the defendant. Even clear proof of a false insurance claim and a criminal defendant's guilt, however, does not necessarily mean that a criminal case will proceed uneventfully to a conviction, or withstand a defendant's appeal. In some instances, a defendant who has filed a false insurance claim with intent to defraud an insurance company will file a motion before or after the verdict, or will appeal the verdict (or guilty plea), resulting in some rather interesting—and potentially legally significant—court decisions.

A Juror Issue

Consider the recent decision by the Appellate Division, Second Department, in People of State of New York v. Guldi, 2017 N.Y. Slip Op. 05459 (App. Div. 2d Dep't July 5, 2017).

A Suffolk County jury convicted the defendant of grand larceny in the second degree and insurance fraud in the third degree in connection with his wrongful taking of insurance proceeds after his house had been damaged by fire and certain statements that he had provided to his insurance carrier, American International Insurance Company (AIG). The defendant was sentenced, and he appealed.