The birds and bees of the qui tam case were fluttering over two new State Farm entries on the docket when I checked early evening. State Farm called the first a Bench Memorandum Re: “Knowingly False” Claims; but, regardless of what they called it, there is no mistaking what it is – an admission the Company committed fraud against the government when they submitted the McIntosh claim for payment.
Retitled, it’s the story of their little-bit-pregnant fraud – which they claim is not a crime because the fraudulent claim they submitted in McIntosh was “unknowingly false”.
This is what they expect Judge Senter to believe:
State Farm did not “knowingly” present to the government a “false or fraudulent claim for payment or approval” with respect to the McIntosh property, as expressly required to establish liability under the False Claims Act.
GFL, what is it they think people have been talking about for almost four years? As their defense they show how their adjusters are trained to commit fraud and provide evidence suggesting they’ve been commiting fraud against the government and have been doing it for years to NFIP policyholders and their own.
You’d think this one admission would have been enough; but, as reinsurance, they filed a second. This one a Bench Memorandum Re: Judicial Notice – a reminder theMcIntosh claimed settled. Duh!
Here, this Court’s own records, whose accuracy cannot reasonably be questioned, indicate that the McIntoshes made their well-informed representations to this Court…
Well, that resolves any mystery about the motivation for the Motion to exclude all testimony of David Favre:
State Farm criticizes changes Favre made to a prior report he submitted in McIntosh v.State Farm. According to State Farm, Favre used a different Xactimate price guide and altered some of the dimensions of rooms in the McIntosh property…Yet State Farm does not identify the source of the new data: State Farm’s own homeowner’s claim…
Why not send just Chip Merlin an invitation to sue them for settlement fraud? I doubt he believes State Farm “unknowingly” does anything – and, let’s not forget the Shows’ RICO Plaintiffs and their claims of “mediation fraud”.
I can’t image teaching a second grade science that a water line on a porus material indicates the depth of water reaching the material – much less training adjusters to use the line as a definitive indicator of depth.
“Unknowingly” my #*% – the scheme: the best place to hide a needle is in a haystack of needles.
Now, just who is it that didn’t know? Reams of evidence suggest it wasn’t anyone associated with State Farm.