By Frank S. Goldstein, Managing Partner
Don’t bother worrying about your damage model until the end of the case. Do not bother to depose or properly depose witnesses who will assert their 5th amendment rights. Go ahead, share every detail with state agencies.
I guarantee you’ll lose your next fraud case!
Earlier this week, I joined Michael Lennon of the Florida State Attorney’s Office and John C. Thompson, Farmers Insurance SIU Manager, for a presentation at the annual FIFEC conference in Orlando. Together, we shared with more than 150 attendees more than 30 examples of how they could be assured of losing a fraud case. Of course, this tongue-in-cheek presentation with a BuzzFeed theme (we called it #BuzzFraud) – really provided a checklist of what NOT to do.
Some of the examples struck a nerve, including:
- Assume Your Communications with State Agencies are Protected from Discovery. Many didn’t know that virtually everything you share with law enforcement and the state attorney’s office is discoverable. While it’s important to work with government agencies, don’t assume the information you share will remain private.
- Worry About Your Damage Model at the End of the Case, Not at the Start. You must truly understand the damage model or you may set off on the wrong path.
- Do Not Correctly Handle 5th Amendment Opportunities. You must take advantage when a key opposing witness asserts their 5thAmendment rights. For example, if the appropriate witness asserts their 5th Amendment privilege against self-incrimination, the judge may give your client a favorable jury instruction that could bode very well for your case and client.
As always, attending FIFEC provided me with a wealth of new information and renewed inspiration. I learned a great deal about a wide range of topics – from how social media is impacting fraud cases to new ways to conduct accident reconstruction and take EUOs.
I’m already looking forward to FIFEC 2016!
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