Monday, September 26, 2011

Temporary Car Insurance | Andover Lawyer Suspended Pending Auto

ANDOVER ? An Andover counsel convicted of vehicle insurance rascal in May contingency put his authorised vocation on grip indefinitely whilst he appeals a Superior Court jury outcome that could lead to prison and disbarment.

A state Supreme Judicial Court panel of judges has systematic profession James C. Hyde at the moment dangling from the use of law, tentative the outcome of his appeal.

Hyde, 59, of Boxford, an associate in the law definite of Berger Hyde, was found guilty on two counts of engine vehicle insurance fraud, two counts of theft over $250 and two counts of attempted theft over $250, in connection with his purported purpose in crashes on Oct. 1 and Dec. 20, 2002.

Judge Howard Whitehead condemned Hyde to 2 1/2 years in jail, but concluded to stay the judgment whilst he appeals the conviction.

Associate Justice Robert J. Cordy remarkable in his statute Hyde?s argument: ?that his self-assurance expected will be topsy-turvy since there was no send indication substantiating his expertise of the specific fake claims at issue; rather, his self-assurance was feel safe on inconclusive indication alone.? Hyde moreover confirmed that he would stance small hazard to the open since his use is exceedingly paltry in scope.

?While it is satisfactory to end that respondent?s allure has a few merit, this is not sufficient to tip the change divided from proxy postponement where respondent has been convicted after a jury hearing of major crimes temperament right away on his aptness to use law,? Associate Justice Cordy wrote in his ruling.


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?Ultimately, the public?s notice of, and certainty in the honesty of the use of law would be decreased should we agree to respondent to grip himself out as a counsel in the residents after his conviction,? the panel of judges concluded.

If Hyde?s self-assurance is upheld, it could take a year or two before the judgment is imposed, according to justice officials.

Boston profession David E. Meier is expected to dispute in Hyde?s allure that the prosecutor is to state Attorney General?s Office unsuccessful to create sufficient indication to remonstrate a jury over a in accord with skepticism that Hyde knew the accidents he was associated in were fraudulent.

Meier is still watchful for justice stenographers to full transcripts of the five-week trial. Once he has the transcripts available, he will record his appeals short and dispute the box before the state Appeals Court.

?Jim Hyde is a decent and honest man. He is energetically embarking an allure from his conviction,? Meier mentioned in a short interview.

?The fact that the hearing panel of judges stayed the judgment tentative the outcome of the appeal, and that the Supreme Judicial Court released a proxy suspension, as against to a disbarment, tentative the outcome of the appeal, speaks for itself. We are assured in the appellate routine and that, in the end, the fact will win out for Jim Hyde,? Meier said.

Hyde, who has been protected to use law since Dec. 19, 1979, has no formerly disciplinary history, according to the Massachusetts Board of Bar Overseers.

But Hyde and two other group associated in an insurance rascal scam that entangled fake car crashes set up for allowance face prison time after their philosophy in a box prosecuted by the state Attorney General?s Office.

The jury of 9 group and 3 women concluded that Hyde and Dr. Michael H. Kaplan, owners of Kaplan Chiropractic Office in North Andover, paid to have customers referred to them by supposed ?runners? who they knew set up ?paper? accidents that never happened, but were filed on claims and other papers with insurance companies that paid out more than $130,000.

Judge Whitehead condemned Hyde and Kaplan to 2 1/2 years every in prison ? similar with the top low mark received by any of the professionals convicted in connection with the area?s continuing vehicle insurance rascal crackdown.

Kaplan, 49, of Hampstead, N.H., was found guilty on 7 charges: 3 counts of engine vehicle insurance fraud, two counts of theft over $250 and two counts of attempted theft over $250. These charges were connected to his purported purpose with 3 ?paper? accidents in 2002 on Oct. 1, Oct. 10 and Dec. 20.

The jury moreover convicted one of Kaplan?s outpost drivers, Omar Castillo, who was indicted of assisting to set up one of 3 crashes in late 2002 that were the basement of the 2008 indictments by a splendid jury.

Castillo, 38, of Methuen, was convicted on two charges: engine vehicle insurance rascal and theft over $250 is to Dec. 20, 2002 mishap he allegedly helped set up. He moreover received a 2 1/2-year sentence, but the panel of judges mentioned he will usually have to offer 9 months ? conform to with other non-professionals who got prison time in connection with the artificial accidents.

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