Moloy
People v. Moloy
Opinion
Lead Opinion
Klein, J.
Defendant and appellant Bennie Lee Moloy appeals the judgment entered after conviction following plea of guilty to conspiracy to knowingly present a false or fraudulent claim and knowing presentation of a false or fraudulent claim. (Pen. Code, §§ 182, subd. (a)(1), 550, subd. (a).) 1 The trial court sentenced Moloy to a term of four years in state prison. We affirm.
Factual and Procedural Background
Between 1995 and 1998, Moloy participated in a scheme by which he and others caused unsuspecting motorists to collide with vehicles driven by *259 Moloy or Moloy’s associates. 2 As a result of these induced traffic accidents, Moloy submitted false claims under a variety of names to the companies who insured the victimized motorists, in this case State Farm and Safeco Insurance Companies. The false claims were submitted through a sophisticated network of coconspirators including attorneys, medical professionals and Department of Motor Vehicle employees. Moloy’s fraudulent claims resulted in payments to Moloy of at least $38,151. At sentencing, the trial court ordered Moloy to make direct restitution to State Farm and Safeco Insurance Companies in that amount. The trial court…