18 Fla. L. Weekly Supp. 179b
Online Reference: FLWSUPP 1802ALLS Insurance — Fraud — Defendants who were convicted of conspiracy to commit insurance fraud with adjudication withheld are estopped from denying allegations in subsequent civil action for recovery
ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff, v. JOSYF MOYSE, DANIEL SCHLEUB, and YEFIM VIZELTIR, Defendants. Circuit Court, 9th Judicial Circuit in and for Orange County. Case No: 2010-CA-10134. Division 35. August 4, 2010. Honorable Stan Strickland, Judge.
FINAL JUDGMENT
This action was heard after entry of default against Defendants.
FINDINGS OF FACT
1. Each of the Defendants has been convicted of conspiracy to commit insurance fraud.
2. F.S. §775.089(8) provides, in pertinent part:
The conviction of a defendant for an offense involving the act giving rise to restitution under this section shall estop the defendant from denying the essential allegations of that offense in any subsequent civil proceeding. An order of restitution hereunder will not bar any subsequent civil remedy or recovery, but the amount of such restitution shall be set off against any subsequent independent civil recovery.
3. Adjudication of guilt is not required for a plea to be considered a conviction.
4. A withhold of adjudication is a conviction for purposes of F.S. §775.089 (8).
5. Defendants are estopped from denying these allegations. As such, Plaintiff is entitled to a civil judgment as to all Defendants jointly and severally in the amount of $ _________.
IT IS ORDERED AND ADJUDGED that Plaintiff, Allstate Property & Casualty Insurance Company recover from Defendants, Josyf Moyse, Yefim Vezeltir, Daniel Schleub, jointly and severally, the sum of $ _________ with costs in the amount of $ __________ that shall bear interest at the rate of 6.0% per annum (or .0001644 per day), for which let executions issue.
