June 30, 2022

The case involved fraudulent billing by the Blue Cross Blue Protect of Texas (“BCBS”) for having listened to aids. On March 8, 2018, a jury convicted Terry Anderson of Counter One – Fifteen and Rocky Anderson of Counter One – 4, Six and Eight – Fifteen in the substitution charge. The court later discovered that there was insufficient evidence to convict the defendants of indictments 1 and eight, acquitted the defendants of these offenses and handed down judgment on the opposite points.

The defendants appealed to the Fifth Circuit and the Fifth Circuit upheld the judgment (ECF Nos. 252-53). The defendants are now being transferred to a brand new trial under the Federal Rule of Prison Process 33 (b) and claim newly found evidence, in USA v. Terry Lynn Anderson (1) Rocky Freeland Anderson, No. 3: 17-CR-00222-M, U.S. District Court, ND Texas, Dallas Division (April 15, 2022).


The motion of the defendants for a new trial was premature under Rule 33 (b) (1), as a result of the defendants filing that motion for a new trial three years and ten months after the jury delivered its verdict. The time to file a motion for a brand new trial could not be extended as a result of the defendant not showing excusable negligence.

Authorities had more than 38 potential witnesses who testified or had been interviewed about events that took place over a decade earlier, and at least one of them is now useless. It is affordable to imagine that the memories of the surviving witnesses about the disputed apartments have diminished and would continue to worsen until a whole new trial took place. These components significantly damage the authorities.

The movement deservedly fails

Even when the court document reached what it deserved, the movement would have been denied.

The defendants had been convicted of health care fraud for filing insurance coverage claims for listening to aids that had been medically meaningless and for which the defendant did not conduct the necessary investigations.

Defendants claim that two elements of knowledge represent newfound evidence that, if admitted, would lead to an acquittal: First, they cite the tip, in January 2022, about a DOJ prison investigation by the firm Eargo, Inc. ; and second, they refer to an FDA rule proposed in October 2021 that may allow some hearing aids to be purchased over-the-counter without requiring an expert review. None of this information is related to the verdicts of the defendants, would not be admitted during the trial, would not require Brady/Giglio manufacturing, and thus would not in all likelihood lead to an acquittal.

The unrelated investigation of Eargo will not be new evidence that could justify defendants to a whole new trial. Defendants allege that the authorities have access to evidence underlying the DOJ’s decision not to prosecute Eargo criminally, which may acquit defendant as a result of Defendant having been further investigated for insurance coverage fraud as a result of submissions for compensation to listen to aids.


Evidence from an unrelated DOJ investigation in 2021-2022 will not be related to the actions, mood and prison intentions of the defendants throughout 2011-2014, which was the subject of the case against Andersons.

The second alleged new piece of evidence, a proposed FDA rule that can create a whole new class of listening to aids that can be purchased over-the-counter without a listener taking a look at, moreover, does not represent evidence that possibly. entitles the defendant to a whole new trial. First, a change in legislation does not represent newfound evidence. Even when it did, the proposed rule would not be related to the defendant’s fraud scheme, as the defendant did not promote over-the-counter listening to assistive devices, but had relatively offered conventional listening devices, subject to reimbursement by insurance companies.

Because the proposed FDA rule would not be permitted during the trial and would not subsequently lead to an acquittal; thus the Movement failed on the deserving.

As a result of the defendant’s motion for a new trial being premature, and not further citing newfound, plausible evidence that could in all likelihood lead to an acquittal of the defendant, the New Trial Movement was rejected.

Insurance fraud is an extremely valuable and unusually effective crime. Even when the fraud perpetrators are caught, convicted and convicted, they have access to the hundreds of thousands of {dollars} they took from the insurance companies and the federal government from the fraud scheme, they will fund an enchantment, and when that fails, a delayed move for brand new litigation primarily based on rather false reasons. The USDC took the move significantly and wrote an in-depth statement explaining why the move – clearly not justified and filed too late – was a foolish waste of courtroom time and may have resulted in sanctions. It did not.

(c) 2022 Barry Zalma & ClaimSchool, Inc.

Barry Zalma, Esq., CFE, now limits his application to service as insurance coverage guidance specializing in insurance coverage protection, insurance coverage claims dealing with, insurance coverage unhealthy religion and insurance coverage fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as an insurance coverage protection and claims attorney and more than 54 years in the insurance coverage business. He is available at http://www.zalma.com and zalma@zalma.com.

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