Moloy

People v. Moloy

Good Law
100 Cal. Rptr. 2d 676·2000 Cal. App. LEXIS 803·2000 Daily Journal DAR 11287·84 Cal. App. 4th 257·2000 Cal. Daily Op. Serv. 8494
Court of Appeal of CaliforniaOctober 19, 2000No. B135874California1,362 words

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…

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