GOFMAN

Remittur Recalled April 18, 2002. See 119 Cal.Rptr.2d 122 .

The People appeal from trial court orders dismissing various counts of an indictment pursuant to Penal Code section 656. [1] The indictment was brought against respondents Inna Gofman, Irma Palacios, Bruce Ankrom, Paul Shvartsburd, Dmitry Goldman and Michael Rosenberg [2] (respondents), among others. The underlying factual basis for the indictment is an alleged conspiracy, and various overt actions taken by respondents, to defraud insurance companies with false claims stemming from eight "staged" automobile accidents. Six of the "staged" collisions also formed the factual basis for a prior federal indictment against the same respondents alleging one count of conspiracy to commit mail fraud and numerous counts for the substantive offenses of mail fraud. Respondents entered into guilty pleas on certain of the federal counts which established the foundation for the motions to dismiss brought pursuant to section 656.

We conclude that the trial court did not err in dismissing the state counts charging conspiracy and insurance fraud which were based on the same "acts" to which respondents pled guilty in the…