Waiver of Right to Appeal Effective

Published: Dec. 20, 2023, 8:49 p.m.

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Insurance Agent Defrauded Clients by Taking Premium Money and Keeping it\\n for Personal Expenses\\n\\nWhen a criminal defendant\'s valid guilty plea includes a waiver of the \\nright to appeal, the Fourth Circuit Court of Appeals generally enforces \\nthe waiver by dismissing any subsequent appeal that raises issues within\\n the scope of the waiver. However, even if an appeal waiver is valid and\\n applicable, the Fourth Circuit will review a claim that a district \\ncourt\'s sentence or restitution order exceeded the court\'s statutory \\nauthority.\\n\\nIn United States Of America v. Glenda Taylor-Sanders, Nos. 21-4136, \\n20-4604, United States Court of Appeals, Fourth Circuit (December 12, \\n2023) the Defendant sought a change of the sentence and restitution \\norder.\\n\\nFACTS\\n\\nFrom February 2017 through May 2019, Taylor-Sanders took advantage of \\nher role as a licensed insurance agent to defraud several trucking \\ncompanies and the insurance finance company BankDirect Capital Finance. \\nShe defrauded the trucking companies by misappropriating funds that the \\ncompanies provided her to pay for their insurance policy premiums and \\nBankDirect Capital Finance by obtaining loans under the guise of \\nnonexistent insurance policies. Instead of using the funds she obtained \\nto pay insurance policy premiums or to pay back BankDirect Capital \\nFinance for the legitimate loans it made to the trucking companies, \\nTaylor-Sanders spent the funds on personal expenditures including cars, \\nfootball tickets, and mortgage payments.\\n\\nPredictably, some of the trucking companies\' insurance policies \\n\\nZALMA OPINION\\n\\nFraud perpetrators have no honor. Even after obtaining a plea agreement \\nthat saved her years in prison, Taylor-Sanders took up the time of the \\nDistrict Court and the Fourth Circuit to hear a spurious motion to \\nwithdraw her guilty plea after knowingly entering into the plea \\nagreement and waiving her right to appeal. She will pay restitution and \\nspend an appropriate time in jail.\\n\\n(c) 2023 Barry Zalma & ClaimSchool, Inc.\\n\\nPlease tell your friends and colleagues about this blog and the videos \\nand let them subscribe to the blog and the videos.\\n\\nSubscribe to my substack at \\nhttps://barryzalma.substack.com/publish/post/107007808\\n\\nGo to Newsbreak.com\\xa0 https://www.newsbreak.com/@c/1653419?s=01\\n\\nFollow me on LinkedIn: \\nwww.linkedin.com/comm/mynetwork/discovery-see-all?usecase=PEOPLE_FOLLOWS&followMember=barry-zalma-esq-cfe-a6b5257\\n\\n Go to the Insurance Claims Library \\u2013 \\nhttp://zalma.com/blog/insurance-claims-library.

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