The most revealing part of the federal government’s case against Richard William Huye III may not be what prosecutors allege. It is how they chose to charge him. Federal prosecutors announced that Huye was charged by a bill of information with conspiracy to commit wire fraud. Prosecutors allege that Huye participated in a scheme involving unauthorized attorney representation agreements, roofing-company assignments, misleading letters of representation, and Hurricane Ida insurance proceeds.
According to the government, the law firm sent insurers letters claiming it represented homeowners when it was actually acting for a roofing contractor. The alleged scheme affected at least eight homeowners and included 856 false or misleading letters of representation. Prosecutors say some homeowners never received insurance proceeds or had their proceeds reduced by unauthorized fees.
Those are serious allegations. Yet, the procedural posture may tell us even more about where this case is heading. Federal felony charges ordinarily proceed by grand jury indictment. The mere filing of an information does not conclusively establish that a plea agreement has been signed. Still, informations commonly appear after the important conversations have already occurred. They often signal that the defendant has negotiated a resolution, intends to waive indictment, and is preparing to plead guilty. Sometimes they also indicate cooperation.
That possibility is especially significant here because the information reportedly describes an unnamed managing-partner co-conspirator. Based on the publicly reported history of McClenny Moseley & Associates, which I have previously noted in the blog, the most likely identity is Zach Moseley. This is purely my projection and inference from the facts because the Department of Justice has neither identified nor charged him in this announcement.
Huye is presumed innocent, and a criminal information remains an accusation rather than proof. But the method of charging him strongly suggests this case did not begin with the public announcement. It probably began with negotiations behind closed doors.
The next court filing may confirm what the information already seems to be signaling: a waiver of indictment, a guilty plea, and perhaps an agreement to tell prosecutors exactly who directed this Hurricane Ida operation.
I was beginning to wonder if any criminal action would be filed, given how long it had been since this was a hot controversy. I will certainly follow up. It also reminds me to follow up on the MMA-filed lawsuit I noted in The Accused Strikes Back: MMA’s New Lawsuit Tests the Line.
Thought For The Day
“Three may keep a secret, if two of them are dead.”
—Benjamin Franklin
