Ricky McGraw is not any stranger to insurance coverage authorized controversy. Whereas most defendants in a legal fraud prosecution stay silent, an article in Florida Each day, Florida Each day Investigations: David vs. Goliath: Florida Contractor Fights Again Towards Baseless Fraud Allegations, got here as no shock.
The article famous, partially:
In a stunning flip of occasions, a common contractor and roofer in Florida finds himself within the crosshairs of Florida’s largest residential insurance coverage firm and authorities authorities alleging fraudulent actions.
The contractor, a David on this modern-day story, is vehemently denying the allegations and claims that data has been manipulated to tarnish his repute.
Sources aware of the story inform Florida Each day, Tower Hill Insurance coverage has constantly suppressed paperwork and has taken a dishonest place in litigation with a view to shield their backside line and moreover to supply the state with a one-sided case.
On the heart of that is Ricky McGraw Jr., a contractor who assists with reconstruction after Florida residents are ravaged by pure disasters, is now going through a frightening authorized battle in opposition to a Goliath insurance coverage firm, which alleges that he dedicated fraud in his estimating of development initiatives.
In response to McGraw, the problems arose when Tower Hill realized what number of development initiatives his firm had with their insureds. He says in an effort to both gradual him down, or put him out of enterprise fully, Tower Hill first got here after him and his household with Civil RICO allegations.
After a virtually four-year authorized battle, Tower Hill has but to achieve success in its makes an attempt, so now they’re working hand-in-hand with the state to pursue legal fraud fees.
I discussed the civil RICO lawsuit1 in Breaking Information—Racketeering Lawsuit Towards Tower Hill and US Forensics Strikes Ahead. Ultimately, like most civil RICO lawsuits, the case was dismissed.
In legal circumstances, the prosecution should flip over all proof obtained within the investigation exhibiting guilt, in addition to proof that will additionally point out causes for acquittal. Apparently, most of the paperwork obtained by Ricky McGraw’s attorneys have attorneys for Tower Hill involved. In a really uncommon pleading in a legal criticism, Tower Hill filed a movement to maintain a lot of these paperwork secret.
In a movement for a protecting order,2 Tower Hill asks the next:
Lastly, it’s the undersigned counsel’s understanding that sure paperwork and supplies that Tower Hill deems confidential and privileged have been obtained by protection counsel by means of the course of discovery on this matter. Tower Hill has not waived any privileges or immunities, together with however not being restricted to attorney-client communications, legal professional work product, work product of any type, and some other privilege or immunity supplied by legislation. Thus, Tower Hill seeks this Court docket Protecting Order for return of such materials, an Order that such materials shall not be used on this continuing, and an Order that such materials shall not be disseminated to some other individual or entity outdoors the confines of this matter. To the extent acceptable and crucial, Tower Hill respectfully requests that this Court docket conduct an in-camera assessment of such materials.
Florida legislation relating to what’s privileged in civil first-party circumstances has been muddled in comparison with different states. Florida has conflated discovery of a third-party claims file, with discovery of a first-party claims file. Third-party claims recordsdata are not often turned over in discovery. In states apart from Florida, first-party claims recordsdata are usually discoverable. Tower Hill is making a strained argument that these claims file supplies and different inside paperwork which are a part of Florida’s legal investigation aren’t discoverable to the legal defendant, although the state disclosed them to the legal defendant in discovery. Tower Hill is making a strained argument that these claims file supplies and different inside paperwork which are a part of Florida’s legal investigation are one way or the other secret to the legal defendant regardless of the state having them and turning them over to the defendant.
The movement notes that the prosecution has already named one in all Tower Hill’s attorneys as a prosecution witness within the case. Tower Hill, not Florida, is arguing that Ricky McGraw’s attorneys shouldn’t have entry to or use these paperwork through the depositions of that legal professional.
The burden to show guilt in a legal case is a really excessive cheap doubt customary. I do not know what is going to occur with this legal case, however I’ve a tough time believing {that a} choose goes to maintain the defendant from paperwork that will shed mild even barely related to that customary.
Many, together with me, should be questioning, “What does Tower Hill have to fret about by retaining its personal paperwork secret?”
I’ll hold readers updated on developments on this case.
Thought For The Day
Honesty is a really costly present, don’t anticipate it from low-cost individuals. However transparency ensures that honesty is upheld.
—Warren Buffett
1 Tower Hill Signature Ins. Co. v. SFR Companies, LLC, No.20-000409-CA (Fla. Cir. Ct.– Martin County).