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exercised its discretion to deny probation and sentenced
Johnson to the total term of five years in state prison and
ordered her to pay restitution to the victims.
APPEAL
Johnson filed a Notice of Appeal with the Court of Appeal of
the State of California, Fourth Appellate District, Division
Two; People v. Latonja Johnson, No. E073978 (Super Ct. No.
FSB1503198), 12/02/2020, unpublished.
ANALYSIS
At the request of Johnson, the Court of Appeal for the 4th District
of California appointed counsel to represent her in challenging
her conviction. Counsel filed a brief under the authority of People
v. Wende (1979) and Anders v. California (1967) setting forth a
statement of the case and two potential arguable issues:
1. whether defendant's conviction for presenting a
fraudulent insurance claim in count three was part of an
indivisible course of conduct, such that the court should
have stayed the sentence rather than imposing one year
consecutive; and
2. whether the trial court abused its discretion in denying
defendant probation. An independent review of the
record was conducted and it was found that there were
no arguable issues.
Counsel then filed a brief indicating that the appeal appeared to
be without merit. Upon reviewing the record, the court agreed
that there were no arguable issues.
DISPOSITION
The arguments put forth were insufficient and the judgment was
affirmed. The California Appellate Court upheld Johnson's conviction
for engaging in insurance fraud and upheld the sentence of five years
in state prison.
While VRC Investigations has handled hundreds of successful
insurance fraud convictions, this was our first case taken to the
Court of Appeal. We were pleased that the Fourth District found the
appeal to be without merit and that the fraud conviction was upheld.
Dalene Bartholomew, CFE, CIFI, is a Certified Insurance Fraud Investigator,
Certified Fraud Examiner, Vice President of VRC Investigations. She enjoys building
long-term strategic partnerships with insurance carriers, employers and TPAs and
providing innovative insurance fraud solutions and fraud abatement programs
resulting in hundreds of insurance fraud prosecutions nationwide. A forward-thinking
senior executive with a 20-year record of success combatting all lines of insurance
fraud, she was awarded " Fraud Fighter of the Year " by the Anti-Fraud Alliance. She is
a recognized speaker, author, insurance fraud specialist, expert witness, fraud advisory
board member and wine enthusiast. DaleneB@VRCinvestigations.com
We welcome any questions regarding investigations or our customized fraud
abatement partnerships at experts@vrcinvestigations.com or daleneb@
vrcinvestigations.com
Obtaining an IASIU designation is a great
way to be professionally recognized in
your field and build your resume. We
offer three different certification programs
based on your line of work:
Certified Insurance Fraud Analyst (CIFA)
Certified Insurance Fraud Investigator
(CIFI)
Certified Insurance Fraud Representative
(CIFR)
Visit the IASIU website, learn about the
qualifications and apply today.
STAND OUT
with Certification!
18 SIU TODAY | SUMMER 2021
https://www.iasiu.org/page/Certifications

SIU Today Summer 2021

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