Insurance Fraud in NH - Theft By Deception and Forgery

[sgtpepper9999]

Good morning,

I am looking for some opinions on how this case may go. Recently, a friend was indicted by a NH Superior Grand Jury on the following charges based on her defrauding her homeowners insurance:

(1) Class A Felony - Theft by Deception
(1) Class A Felony - Attempted Theft By Deception
(2) Class B Felony - Forgery

Essentially she made 2 false claims regarding her wedding rings. One claim in 2010 and one in 2012. Both were not true. She received checks....signed her ex-husbands name on the checks and cashed them. She was caught by the insurance investigator changing her story on audio and there is video evidence of what actually happened to her wedding rings on both claims. She never lost them as she claimed.

The amounts total more then $1,500 but I believe the total is somewhere near $2,000

She has a public defender and the case is being prosecuted by the county attorney.

Considering this is her first offence and she has a clean record. What is the likely outcome? She is 37 and has 3 children and currently going through a divorce.

Do you think she could be facing jail time or do you think she is likely to get a suspended sentence?

 

[Ohiogal]

Good morning,

I am looking for some opinions on how this case may go. Recently, a friend was indicted by a NH Superior Grand Jury on the following charges based on her defrauding her homeowners insurance:

(1) Class A Felony - Theft by Deception
(1) Class A Felony - Attempted Theft By Deception
(2) Class B Felony - Forgery

Essentially she made 2 false claims regarding her wedding rings. One claim in 2010 and one in 2012. Both were not true. She received checks....signed her ex-husbands name on the checks and cashed them. She was caught by the insurance investigator changing her story on audio and there is video evidence of what actually happened to her wedding rings on both claims. She never lost them as she claimed.

The amounts total more then $1,500 but I believe the total is somewhere near $2,000

She has a public defender and the case is being prosecuted by the county attorney.

Considering this is her first offence and she has a clean record. What is the likely outcome? She is 37 and has 3 children and currently going through a divorce.

Do you think she could be facing jail time or do you think she is likely to get a suspended sentence?

Your friend is a thief. She doesn't seem to care about truth or honesty. First offense with three felonies -- boy she aimed high. She may find that she is going to lose custody due to the fact that her credibility is shot and these are FELONIES. She is facing prison time -- whether she is forced to serve any is up to the court.

 

[swalsh411]

is likely to get a suspended sentence?

Highly unlikely. Insurance fraud is one of those "make an example of" crimes to discourage people from even thinking about trying it. If people knew that they wouldn't really go to jail if they lied to the insurance company "just this once" and were caught, they would be much more like do it.

 

[OHRoadwarrior]

This is actually 2 offenses. She "got away" with it once and came back to the trough.

 

[dave33]

The plea deal takes into account things we have no way of knowing.

If I had to guess I would say maybe 5 years suspended/probation, restitution, 1k in court costs and 100 hours of community service.

 

[sgtpepper9999]

The plea deal takes into account things we have no way of knowing.


If I had to guess I would say maybe 5 years suspended/probation, restitution, 1k in court costs and 100 hours of community service.

Plea deals confuse me. Let's say it very clear she committed these crimes. How is it justice for them to be thrown away? Its odd to me that you can commit crimes and get away with them.

 

[swalsh411]

Because Courts, DAs, and PDs have limited resources and so deals are made. There is no way they could take every person accused of a crime all the way through a jury trial.

And in the eyes of the law she hasn't committed the crimes until either she signs a plea deal or is found guilty in Court. She is presumed innocent.

 

[sgtpepper9999]

Because Courts, DAs, and PDs have limited resources and so deals are made. There is no way they could take every person accused of a crime all the way through a jury trial.

And in the eyes of the law she hasn't committed the crimes until either she signs a plea deal or is found guilty in Court. She is presumed innocent.

That makes sense. But a plea deal usually means admitting to one or some of the charges right?

 

[swalsh411]

That makes sense. But a plea deal usually means admitting to one or some of the charges right?

Usually, but not always. There is something called an Alford Plea where the accused does not admit to the crime but acknowledges that there is sufficient evidence to find him guilty. Technically this is not admitting to a crime. But in the real world, yes pleas mean you admit to at least some of the charges.

 

[sgtpepper9999]

Usually, but not always. There is something called an Alford Plea where the accused does not admit to the crime but acknowledges that there is sufficient evidence to find him guilty. Technically this is not admitting to a crime. But in the real world, yes pleas mean you admit to at least some of the charges.

So it seems she will likely get a felony conviction and the sentence could be light. I thought felonies carried a mandatory sentence but it seems everything is negotiable.

 

[Just Blue]

So it seems she will likely get a felony conviction and the sentence could be light. I thought felonies carried a mandatory sentence but it seems everything is negotiable.

You seem oddly sad that this "friend" of yours is not gonna rot in prison. Why?

 

[swalsh411]

So it seems she will likely get a felony conviction and the sentence could be light. I thought felonies carried a mandatory sentence but it seems everything is negotiable.

Until a plea deal is presented that is pure speculation. You have no dog in the fight.

 

[sgtpepper9999]

You seem oddly sad that this "friend" of yours is not gonna rot in prison. Why?

Not really a friend anymore she has gone down a bad spiral lately.

 

[Just Blue]

Good morning,

I am looking for some opinions on how this case may go. Recently, a friend was indicted by a NH Superior Grand Jury?

Not really a friend anymore she has gone down a bad spiral lately. .

Post 1 was a friend.