Ex-Dodgers Pitcher Ted Lilly Accused of Insurance Fraud in State Court

Ted Lilly in 2011. (Allen J. Schaben / Los Angeles Times)

Insurance fraud charges can hit a wide range of people. The Los Angeles Times reports that former Dodgers starting pitcher Ted Lilly, who retired in 2013, has been charged with three state felonies for allegedly filing a false insurance claim relating to an RV vehicle. He has been charged in San Luis Obispo County.

The California Department of Insurance alleges Lilly's RV was damaged before he purchased insurance on the vehicle and made a claim afterwards.

Authorities said Lilly sought an estimate for the damage from a body shop on March 19. The estimate, which was for $4,600, was then filed into an insurance database. Lilly then bought an insurance policy from Progressive five days later and claimed the damage on March 28, authorities said.Lilly has been charged by the San Luis Obispo County district attorney's office with 3 counts: (1) filing a false insurance claim, (2) filing a false statement in connection to the claim and (3) concealing a material fact in connection with the claim.

While the paper reports that Lilly, 39, faces a maximum penalty of five years in prison if convicted, it is very unlikely that he would receive any jail time for this amount and it being a first offense.  Lilly's arraignment is scheduled for Feb. 5.

When making insurance claims, remember that the insurance investigators have a lot of influence in the District Attorney's Offices and will file criminal charges instead of simply denying claims. Remember this when you sign an insurance claims report or are interviewed under oath. If there is any question, seek counsel early so you do not find yourself in a situation where you could face charges.

As a Dodger fan, I hope Ted Lilly realizes he's human and that he evaluates this case fully, seeks creative and experienced counsel, and helps people understand that you must be very careful when filing insurance claims.  I tell my friends and family to be VERY careful when filling out any paperwork especially when they are under oath or are seeking money from the government or insurance companies.  

Posted by Tracy Green,  Attorney at Law

Green and Associates

Email: tgreen@greenassoc.com

Office Phone: 213-233-2260

90 Year Old Federal Judge Sentences 79 Year Old Physician to 5 Years For Distributing Hydrocodone and Money Laundering in Los Angeles Federal Court

(Liz O. Baylen / Los Angeles Times)

Here is a follow-up on a blog post about a physician Dr. Andrew Sun who had plead guilty to one count of distributing hydrocodone in federal court in Los Angeles on June 19, 2014. The case took a different turn in that Judge Real refused to take Dr.Sun's plea. This occurs if at the change of plea hearing the defendant does not agree that there is a factual basis for the plea. The case was then set for trial and a three day trial was held in August 2014.

At the trial, Dr. Sun was found guilty on numerous counts of distributing hydrocodone (21 USC Section 841(a)(1) and money laundering (18 USC 1956(a)(1)). On January 5, 2015, Judge Real sentenced Dr. Sun to 63 months in federal prison. Judge Real essentially gave a 3 year term on each of 17 distributing hydrocodone counts and ordered that they run concurrently (at the same time). On the two money laundering counts, there was a sentence of 1 year on each count with those counts. Judge Real allowed Dr. Sun to have until February 2015 to self surrender.

The age of the physician is an interesting fact here. The U.S. Attorney's Office sought a sentence of 20 years while the defense argued for community services and no prison time. Judge Real in imposing a 5 year sentence on a man who is almost 80 years' old seemed to take age into account as well as the other facts and circumstances brought out at trial. Interestingly, Judge Real is approximately 90 years' old and has a reputation for being compassionate towards defendants and believes in rehabilitation. The Los Angeles Times article on this case can be found here. It is an interesting testament to how we are living longer and how certain professionals can practice late into their life.

However, as professionals age there needs to be some realistic checks into their capacity to run medical practices and work at a load they did earlier in their career. Dr. Sun's attorneys noted in their sentencing brief that Dr. Sun began having problems with the Medical Board and in other areas and questioned whether his age, pride, dementia or senility were a factor but did not have any evidence to use that as a defense. It is unfortunate that this is how he is ending his medical career, I am seeing a number of cases involving older professionals who have lost their judgment on what the professions require of them, are unwilling to retire for many understandable reasons, and get themselves into legal difficulties that they never had for the first 40 years of their careers.

Posted by Tracy Green, Esq.