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Ex-judge gets jail for insurance fraud
Wednesday, March 11, 2009

A former state Superior Court judge about to be sentenced for insurance fraud asked the judge to consider the fact that he'd already been punished.

He lost his job, his reputation in the community and was about to lose his home. His family had suffered embarrassment and humiliation.

"So at 60 years old, I find I have lost everything I have worked my whole life for," Michael T. Joyce said yesterday.

And now, he will lose his liberty.

Senior U.S. District Judge Maurice B. Cohill sentenced Mr. Joyce to 3 years and 10 months in prison -- right in the middle of the recommended range of 41 to 51 months. He will be allowed to self-report to prison, and his attorney plans to ask that his client remain free on bond pending appeal.

"The defendant was well on his way to becoming an American success story," Judge Cohill said. "But instead, he chose to commit this fraud."

The assistant U.S. attorney who prosecuted Mr. Joyce argued that it was the defendant who should have considered the potential ramifications when, over a period of years, he filed $440,000 in exaggerated insurance claims for a slow-speed car accident he had in August 2001.

"At any point, he could have pulled the plug on the scheme," said Christian Trabold. "This defendant knows better than most what the consequences would be in committing these crimes."

In addition to the prison term, Mr. Joyce must pay $440,000 in restitution, and also faces forfeiture of his home and cash.

During his sentencing hearing, the defense called a number of family members to testify about the impact the conviction has had on them.

"One thing that might be lost in all this is who my father is," said Timothy Joyce. "There's a lot of people out there who know him and love him. I love him. My kids love him."

Robert Joyce said his father was born to be a judge.

"He's lost that. To see that taken from him and how that pains him more than anything ..." he said.

Mr. Joyce's sister, Sharon Clark, called her brother a "devastated man," who would never purposely jeopardize his career.

"He did not intentionally commit a criminal act."

For his part, Mr. Joyce made a lengthy statement to Judge Cohill.

"It's hard for me to believe that what has happened to me is real," Mr. Joyce said. "My entire life, I have tried to do what's right. Til the day I die, I will not believe I did anything illegal."

But he continued, "I take full and complete responsibility for where I find myself today."

Since the investigation into his case became public, Mr. Joyce said, his story has been all over the local media.

"I have been embarrassed. I have been humiliated. I have been ridiculed. I have been disgraced."

Defense attorney Philip Friedman told the judge his client made a mistake, and had he hired an attorney to represent him in his insurance claim, criminal charges likely never would have been filed.

"I think on another day -- another 12 people -- we would have another result," he said.

Mr. Joyce was convicted on eight counts, including money laundering and mail fraud. He claimed he suffered neck injuries from the crash that severely altered his life.

However, the four-week trial was filled with testimony of Mr. Joyce golfing, going scuba diving and using in-line skates after the crash.

"You can flower it up by calling them 'mistakes' all you want," Mr. Trabold said. "When you get to the heart of the matter, the mistakes were that he repeatedly lied to get money from the insurance companies."

Paula Reed Ward can be reached at pward@post-gazette.com or 412-263-2620.
First published on March 11, 2009 at 12:00 am