Friday, April 3, 2015

MAN PLEADS GUILTY TO UNEMPLOYMENT INSURANCE FRAUD BUT ARSON CHARGES DISMISSED IN WISCASSET, MAINE




APRIL 03, 2015

WISCASSET, MAINE

A Dresden man has been sentenced to 90 days in jail and two years of probation and must pay the state $6,662.61 in restitution for fraudulently collecting unemployment benefits. Meanwhile, the state dismissed two arson charges against him in connection with a 2013 fire at his home.

Robert Armstrong, 43, pleaded guilty March 27 in Lincoln County Superior Court to theft by unauthorized taking or transfer, a Class C felony, for collecting unemployment benefits while employed. He pleaded no contest to theft by insurance deception for filing a claim for a May 7, 2013, fire at his Dresden home, which the state fire marshal’s office classified as arson.

One of the two arson charges alleged that Armstrong caused the fire at his home with the intent to collect insurance proceeds, according to his indictment. The other arson charge alleged the fire recklessly endangered a person or property.

Armstrong will pay the restitution to the Maine Department of Labor. Because of a pending civil claim against Armstrong by State Farm Insurance, no restitution was ordered for the theft by insurance deception conviction.

Armstrong was indicted in September 2013 on the two Class A felony arson charges. On May 7, 2013, seven area fire departments went to Armstrong’s home for a report of a fire, according to The Lincoln County News archives.
A burst water pipe helped contain the fire to the basement, and the fire was quickly extinguished. It was the second fire to occur at Armstrong’s home within a year. The first was in November 2012. The state fire marshal’s office later ruled the May 2013 fire to be arson.

Because of the conflicting opinions of expert witnesses to be called during trial, the expected length of the trial, and the uncertainty on the part of the state in its ability to prove the arson charges, both arson charges were dismissed in favor of a new theft by insurance deception charge, Assistant District Attorney Andrew Wright said.

Armstrong, represented by defense attorney Vanessa Bartlett, pleaded no contest to the theft by insurance deception charge. By entering a no contest plea, Armstrong neither admitted to nor disputed the charge.

According to Cornell University’s Legal Information Institute, judges are able to sentence defendants who enter a no contest plea as if they entered a guilty plea. No contest pleas are often entered when there is an associated civil lawsuit because the plea cannot be used against the defendant in a civil proceeding.