Ricky McGraw isn’t any stranger to insurance coverage authorized controversy. While most defendants in a felony fraud prosecution stay silent, an article in Florida Daily, Florida Daily Investigations: David vs. Goliath: Florida Contractor Fights Back Against Baseless Fraud Allegations, got here as no shock.
The article famous, partially:
In a stunning flip of occasions, a normal 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 status.
Sources aware of the story inform Florida Daily, Tower Hill Insurance has repeatedly suppressed paperwork and has taken a dishonest place in litigation so as to defend their backside line and moreover to offer the state with a one-sided case.
At the middle 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 tasks.
According to McGraw, the problems arose when Tower Hill realized what number of development tasks his firm had with their insureds. He says in an effort to both sluggish him down, or put him out of enterprise utterly, 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 felony fraud prices.
I discussed the civil RICO lawsuit1 in Breaking News—Racketeering Lawsuit Against Tower Hill and US Forensics Moves Forward. Eventually, like most civil RICO lawsuits, the case was dismissed.
In felony circumstances, the prosecution should flip over all proof obtained within the investigation displaying 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 felony criticism, Tower Hill filed a movement to maintain lots of these paperwork secret.
In a movement for a protecting order,2 Tower Hill asks the next:
Finally, 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 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 sort, and another privilege or immunity supplied by regulation. Thus, Tower Hill seeks this Court Protective 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 another individual or entity exterior the confines of this matter. To the extent applicable and obligatory, Tower Hill respectfully requests that this Court conduct an in-camera evaluate of such materials.
Florida regulation concerning 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 information are not often turned over in discovery. In states apart from Florida, first-party claims information are typically discoverable. Tower Hill is making a strained argument that these claims file supplies and different inside paperwork which can be a part of Florida’s felony investigation usually are not discoverable to the felony defendant, despite the fact that the state disclosed them to the felony defendant in discovery. Tower Hill is making a strained argument that these claims file supplies and different inside paperwork which can be a part of Florida’s felony investigation are someway secret to the felony 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 mustn’t have entry to or use these paperwork throughout the depositions of that legal professional.
The burden to show guilt in a felony case is a really excessive affordable doubt commonplace. I don’t know what is going to occur with this felony case, however I’ve a tough time believing {that a} decide goes to maintain the defendant from paperwork that will shed mild even barely related to that commonplace.
Many, together with me, have to be questioning, “What does Tower Hill have to worry about by keeping its own documents secret?”
I’ll hold readers updated on developments on this case.
Thought For The Day
Honesty is a really costly present, don’t count on it from low-cost folks. But transparency ensures that honesty is upheld.
—Warren Buffett
1 Tower Hill Signature Ins. Co. v. SFR Services, LLC, No.20-000409-CA (Fla. Cir. Ct.– Martin County).