Two attorneys convicted for role in staged wrecks scam

Two New Orleans attorneys have been convicted of staging automobile wrecks to collect money from the ensuing settlements.

A federal jury found Vanessa Motta and Jason Giles guilty on all charges March 20 following a nearly three-week trial.

Motta was convicted of one count of conspiracy to commit mail and wire fraud, three counts of obstruction of justice and four counts of witness tampering. Her firm is also convicted of those same charges. She is scheduled to be sentenced July 7.

Giles was convicted on one count of conspiracy to commit wire fraud, two counts of mail fraud, five counts of obstruction of justice and six counts of witness tampering. His firm was also convicted of the same charges. He is set to be sentenced July 14.

Because they were convicted of witness tampering, U.S. District Judge Wendy Vitter said a second trial in August would see some of the same witnesses.

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Vitter indicated there is evidence Motta knew fiancé Sean Alfortish was conspiring to kill Cornelius Garrison, a key federal witness who was murdered before the trial. The judge also said the jury found Giles knew he was being investigated.

“It’s good to see the justice system tackling the epidemic of fraud and staged accidents, which is not limited to Louisiana,” David Sampson, CEO of the American Property Casualty Insurance Association, told The Louisiana Record. “Bad actors are leeching off our courts and the insurance industry, driving up costs for those who play by the rules.

“We need more accountability for bad actors, and we also need transparency into the billions of dollars that are pouring into financing lawsuits.”

The president of the U.S. Chamber of Commerce’s Institute for Legal Reform agreed.

“The recent convictions in the New Orleans staged accidents case underscore the serious harm caused by fraudulent injury schemes, from endangering innocent drivers to saddling them with injuries and piles of bills,” Stephen Waguespack told The Record. “We need stronger accountability measures, nationwide, to deter fraud and protect the public from these criminal schemes.”

U.S. Attorney Michael Simpson said Motta and Giles “perpetrated a years-long fraud” scheme that they attempted to cover up.

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“Today’s verdict was the culmination of a lengthy investigation that amassed overwhelming evidence proving the defendants’ roles in a years-long scheme to defraud, as well as their subsequent efforts to obstruct justice and tamper with witnesses,” Simpson said Friday. “Motta, Motta Law, Giles and The King Firm (Giles’ firm) successfully launched a fraudulent scheme of epic proportions that both victimized the judicial system, and exploited the auto insurance industry, all to enrich themselves with millions of dollars in ill-gotten gains.

“This prosecution, and today’s verdict, makes clear that no one is above the law. I commend the trial team, and our law enforcement partners for their relentless and meticulous work to shine a light on this scourge and hold those involved responsible.”

FBI Special Agent Jonathan Tapp agreed.

“The defendants in this case pursued personal fortune through lies and deception, that potentially impacted every auto insurance policy holder in Louisiana,” Tapp said. “The FBI along with our partners at the U.S. Attorney’s Office, Louisiana State Police and the Metropolitan Crime Commission have worked for the last seven years to uncover every instance of fraud, resulting in successful cases against more than fifty individuals.

“We will continue that pursuit as long as it takes.”

The U.S. Attorney’s office for the Eastern District of Louisiana said 63 people have been charged in Operation Sideswipe, which is the name given to the scam. It involved drivers intentionally striking trucks and other vehicles to recover insurance payments for real or faked injuries.

Trial testimony showed the scam began as early as 2011, and other testimony indicated the number of incidents from the indictments is a fraction of the real number.

Louisiana lawmakers have passed a series of tort law changes in response to rising toll of insurance premiums that companies faced as a result of the payouts to collisions that ultimately were found to have been staged.

Louisiana Insurance Commissioner Tim Temple said justice was served with Friday’s verdict.

“This trial shows how systemic insurance fraud can be, involving all types of bad actors, from attorneys and medical providers to criminals willing to cause accidents on Louisiana roads,” he said. “These schemes are not only dangerous — they also drive up the cost of insurance for all drivers.”

This trial is the first so far related to the scam. There have been more than 50 guilty pleas. Daiminike Stalbert, a co-conspiratory to Motta and Giles, was acquitted of conspiracy to commit mail fraud and wire fraud. But he was found guilty of making false statements to federal agents.

Federal prosecutors said Motta and Giles knowingly participated in the scam for years, staging accidents and recruiting people to participate and file fraudulent insurance claims.

“Slammers” is the name given to people paid to intentionally crash vehicles so they later could file lawsuits to collect settlements.

Ryan Harris, one such “slammer,” said he staged more than 80 crashes with Motta and Alfortish, who, along with Leon Parker are charged with killing Garrison in 2020. Their trial is scheduled for August.

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