Federal Judge Wendy Vitter ordered a witness to return to the stand Thursday after prosecutors revealed handwritten notes and photographs that they had not given to the defense. The court said the oversight broke disclosure rules and limited the defendant’s right to question the witness.The documents included a one-page handwritten statement and seven pages of photographs of African American men. The FBI had the material, but the agency did not provide it to defense attorneys until Thursday morning. The judge said she believed the failure to turn over the items was a mistake and not an attempt to hide evidence, but she reminded prosecutors that they are responsible for sharing information on time.Vitter said the new material had some value for challenging the witness’s credibility. She ruled that the defense did not have a fair chance to question the witness during her first appearance. The judge approved the defense request to recall the witness and ordered prosecutors to bring her back right away.If prosecutors do not return the witness quickly, the judge warned she may strike the witness’s entire testimony from the record. Prosecutors said they had already rested their case before the jury, but the judge said the defense still has the right to a complete cross-examination.The judge showed frustration about the delay and said it was the kind of disruption she hoped to avoid.The witness showed up to the courtroom around 10:30 a.m.Trial testimony: The trial centered on allegations that several attorneys were involved in a large-scale staged car crash scheme designed to defraud insurance companies. Rick Simmons, representing The King Firm, argued that the firm’s cases came through legitimate advertising and reputation, and that the people accused of staging crashes operated on their own. Lynda Van Davis, representing Jason Giles, stressed there was no evidence linking Giles to a conspiracy, specifically saying the indictment did not include lawyers as participants in the alleged scheme and urged jurors to “follow the money.”Sean Toomey, representing Vanessa Motta, portrayed her as an inexperienced lawyer misled by her fiancé, Sean Alfortish. He argued that Motta believed referrals on the car wreck cases were legitimate and was unaware that Alfortish allegedly paid people to stage them. Toomey characterized her actions as naïve rather than criminal.Prosecutors, however, presented a starkly different narrative, describing the case as a greed-driven fraud operation. Federal prosecutor Brian Klebba alleged that attorneys Motta and Giles knowingly participated in staging crashes involving 18-wheelers to secure large insurance settlements, paying runners and slammers, and generating millions in fraudulent payouts.A major witness for the federal government, former attorney Danny Keating, testified that he actively participated in the scheme between 2017 and 2020. He admitted to helping stage over 100 crashes, filing fraudulent lawsuits, and handling cash payments to participants. Keating described coded language used by the group and detailed how money was distributed, sometimes wrapped in newspaper.Another key witness for the government, Damiean Labeaud, testified that he worked as a “runner” for years and claimed Giles paid him thousands weekly to organize staged crashes. He described recruiting participants, coordinating accidents, and directing clients to specific doctors. Defense attorneys challenged his credibility, suggesting he was shifting blame to reduce his own sentence in the case. Ryan Harris, a “slammer,” testified that he staged more than 80 crashes tied primarily to Motta and Alfortish. He claimed Motta was directly involved, instructing participants, advising on making crashes appear convincing, and even suggested ways to increase damage for insurance payouts. Defense attorneys questioned inconsistencies in his statements and whether Motta knew about the scheme. Finally, FBI Special Agent Matthew Smith testified about his investigation, which began in 2019 after suspicious crash patterns were reported by law firms representing 18-wheeler companies. He played recorded calls in court and outlined statements from key figures, including Cornelius Garrison, a key federal witness who was murdered before trial. While prosecutors argued the evidence showed a coordinated scheme, Toomey, Simmons, and Van Davis continued to point to what they called inconsistencies in witness statements as well as gaps in evidence linking Motta and Giles to the scheme. About the schemeThe scheme has drawn significant attention from the legal community due to the state’s high auto insurance rates.The federal investigation was launched months after WDSU Investigates broke the story in October 2018, following reports from lawyers for trucking companies about the repeated involvement of the same individuals and law firms in multiple crashes, notably the Motta Firm and the King Law Firm.The investigation led to changes in state laws to better protect truck drivers, who are required to carry $1 million in liability insurance.More than 50 individuals have pleaded guilty to participating in the scheme after admitting to driving into tractor trailers to stage wrecks.In 2020, U.S. Attorney Peter Strasser described the scheme as “outrageous.”Attorney Danny Keating, who pleaded guilty and is awaiting sentencing, reportedly collected over $1 million by handling 77 fraudulent cases. Keating is expected to testify at the trial, along with other lawyers who have received transactional immunity for their cooperation.Motta and Giles have pleaded not guilty, with Motta represented by former federal prosecutor Toomey and Giles by Van Davis.The trial, presided over by Judge Wendy Vitter, a Donald Trump appointee, is expected to last four to five weeks.A significant aspect of the case involves the homicide of a federal witness, Garrison, who was killed in 2020 after agreeing to cooperate with the investigation.Two men, Alfortish, Motta’s fiance, and Parker, are charged in the killing, with their trial set for August.Motta and Giles are not charged in connection with the killing, and the judge has separated those charges to be tried later.The jury will focus solely on whether the wrecks were staged and if Motta and Giles played key roles in the scheme.
Federal Judge Wendy Vitter ordered a witness to return to the stand Thursday after prosecutors revealed handwritten notes and photographs that they had not given to the defense. The court said the oversight broke disclosure rules and limited the defendant’s right to question the witness.
The documents included a one-page handwritten statement and seven pages of photographs of African American men. The FBI had the material, but the agency did not provide it to defense attorneys until Thursday morning. The judge said she believed the failure to turn over the items was a mistake and not an attempt to hide evidence, but she reminded prosecutors that they are responsible for sharing information on time.
Vitter said the new material had some value for challenging the witness’s credibility. She ruled that the defense did not have a fair chance to question the witness during her first appearance. The judge approved the defense request to recall the witness and ordered prosecutors to bring her back right away.
If prosecutors do not return the witness quickly, the judge warned she may strike the witness’s entire testimony from the record. Prosecutors said they had already rested their case before the jury, but the judge said the defense still has the right to a complete cross-examination.
The judge showed frustration about the delay and said it was the kind of disruption she hoped to avoid.
The witness showed up to the courtroom around 10:30 a.m.
Trial testimony:
The trial centered on allegations that several attorneys were involved in a large-scale staged car crash scheme designed to defraud insurance companies.
Rick Simmons, representing The King Firm, argued that the firm’s cases came through legitimate advertising and reputation, and that the people accused of staging crashes operated on their own.
Lynda Van Davis, representing Jason Giles, stressed there was no evidence linking Giles to a conspiracy, specifically saying the indictment did not include lawyers as participants in the alleged scheme and urged jurors to “follow the money.”
Sean Toomey, representing Vanessa Motta, portrayed her as an inexperienced lawyer misled by her fiancé, Sean Alfortish. He argued that Motta believed referrals on the car wreck cases were legitimate and was unaware that Alfortish allegedly paid people to stage them.
Toomey characterized her actions as naïve rather than criminal.
Prosecutors, however, presented a starkly different narrative, describing the case as a greed-driven fraud operation.
Federal prosecutor Brian Klebba alleged that attorneys Motta and Giles knowingly participated in staging crashes involving 18-wheelers to secure large insurance settlements, paying runners and slammers, and generating millions in fraudulent payouts.
A major witness for the federal government, former attorney Danny Keating, testified that he actively participated in the scheme between 2017 and 2020.
He admitted to helping stage over 100 crashes, filing fraudulent lawsuits, and handling cash payments to participants.
Keating described coded language used by the group and detailed how money was distributed, sometimes wrapped in newspaper.
Another key witness for the government, Damiean Labeaud, testified that he worked as a “runner” for years and claimed Giles paid him thousands weekly to organize staged crashes.
He described recruiting participants, coordinating accidents, and directing clients to specific doctors.
Defense attorneys challenged his credibility, suggesting he was shifting blame to reduce his own sentence in the case.
Ryan Harris, a “slammer,” testified that he staged more than 80 crashes tied primarily to Motta and Alfortish.
He claimed Motta was directly involved, instructing participants, advising on making crashes appear convincing, and even suggested ways to increase damage for insurance payouts.
Defense attorneys questioned inconsistencies in his statements and whether Motta knew about the scheme.
Finally, FBI Special Agent Matthew Smith testified about his investigation, which began in 2019 after suspicious crash patterns were reported by law firms representing 18-wheeler companies.
He played recorded calls in court and outlined statements from key figures, including Cornelius Garrison, a key federal witness who was murdered before trial.
While prosecutors argued the evidence showed a coordinated scheme, Toomey, Simmons, and Van Davis continued to point to what they called inconsistencies in witness statements as well as gaps in evidence linking Motta and Giles to the scheme.
About the scheme
The scheme has drawn significant attention from the legal community due to the state’s high auto insurance rates.
The federal investigation was launched months after WDSU Investigates broke the story in October 2018, following reports from lawyers for trucking companies about the repeated involvement of the same individuals and law firms in multiple crashes, notably the Motta Firm and the King Law Firm.
The investigation led to changes in state laws to better protect truck drivers, who are required to carry $1 million in liability insurance.
More than 50 individuals have pleaded guilty to participating in the scheme after admitting to driving into tractor trailers to stage wrecks.
In 2020, U.S. Attorney Peter Strasser described the scheme as “outrageous.”
Attorney Danny Keating, who pleaded guilty and is awaiting sentencing, reportedly collected over $1 million by handling 77 fraudulent cases.
Keating is expected to testify at the trial, along with other lawyers who have received transactional immunity for their cooperation.
Motta and Giles have pleaded not guilty, with Motta represented by former federal prosecutor Toomey and Giles by Van Davis.
The trial, presided over by Judge Wendy Vitter, a Donald Trump appointee, is expected to last four to five weeks.
A significant aspect of the case involves the homicide of a federal witness, Garrison, who was killed in 2020 after agreeing to cooperate with the investigation.
Two men, Alfortish, Motta’s fiance, and Parker, are charged in the killing, with their trial set for August.
Motta and Giles are not charged in connection with the killing, and the judge has separated those charges to be tried later.
The jury will focus solely on whether the wrecks were staged and if Motta and Giles played key roles in the scheme.
Based in New York, Stephen Freeman is a Senior Editor at Trending Insurance News. Previously he has worked for Forbes and The Huffington Post. Steven is a graduate of Risk Management at the University of New York.