网帖翻译

On December 4, 2024, Brian Thompson, CEO of UnitedHealth Group, was shot and killed on the streets of New York. The suspected murderer of the CEO, Luigi Mancione, 26, graduated from the Ivy League University of Pennsylvania with a bachelor's and master's degree in engineering. He also had a prominent family background and was the guy of a real estate developer family in Baltimore , USA.

2024年12月4日美国联合健康保险公司CEO布莱恩·汤普森在纽约街头遭枪杀，而涉嫌杀害CEO的凶手，路易吉曼乔内，26岁，藤校宾夕法尼亚大学，工程学学士和硕士学位，家世也显赫，是美国巴尔的摩一个地产商家族的孩子。

Brian, who was murdered, worked at UnitedHealth Group for 20 years and was promoted to CEO in 2021. Under his management, UnitedHealth Group became number one in the United States, with a market share of 15%, but a claim rejection rate of 32%, which was twice the industry average of 16%.

被杀的布莱恩在美国联合健康保险公司做了20年，2021年提干当了CEO， 在他的管理下联合保险公司做到了全美第一，市场占有率15%，但拒赔率32%，比同业的平均水平16%高一倍。

The evidence the prosecution currently has is:
1. The ballistic characteristics of the 3D printed pistol and silencer in Mancione's possession matched the three shell casings found at the crime scene ;
2 Mangione's fingerprints were found on a bottle of water and snack packaging near the crime scene;
He should be the one who killed the CEO, but no one wants to convict him
3. When Mancione was arrested, he was holding a handwritten document expressing his dissatisfaction with the American medical system , which the prosecutor believed constituted a motive for the crime;
4 Surveillance video showed that Mangione was near the scene of the shooting at the time of the shooting;
He should be the one who killed the CEO, but no one wants to convict him
5 When Mancione was arrested, he was in possession of a fake New Jersey driver's license that matched the name the gunman had used when he checked into a Manhattan hotel.
There is another detail. The bullet that killed the CEO was engraved with " Deny, Depo, Defense".

检方现在掌握的证据有：
1 曼乔内持有的3D打印手枪和消音器的弹道特征，与犯罪现场发现的三枚弹壳相符;
2 曼乔内的指纹被发现于犯罪现场附近的一瓶水和零食包装上;
3 曼乔内被捕时持有一份手写文件，其中表达了对美国医疗系统的不满，这个是检方认为构成犯罪动机;
4 监控录像显示，枪杀发生时间，曼乔内出现在案发地点附近;
5 曼乔内被捕时持有一张伪造的新泽西州驾驶执照，该证件上的名字与枪手事前入住曼哈顿旅馆时使用的假名相符。
还有一个细节，杀害CEO的子弹上刻有」Deny，Depo， Defense「中文翻译为「拒赔，取证，抗辩」。

The basic process of insurance companies refusing insurance is to first raise various reasons for refusal when a claim occurs, such as non-disclosure or false statements, exemption clauses , or policy expiration. Then, through Depo, a litigation procedure unique to the British and American judicial system, both the plaintiff and the defendant can obtain written or video evidence from the other party and witnesses. If it is raised by the insurance company, it will involve whether the insured has undisclosed diseases or risks when applying, and whether there are exemptions mentioned in the policy terms. Whether the claim amount matches the facts . They not only collect evidence from the parties involved, but also may be your relatives, neighbors, and colleagues. Then use the favorable evidence obtained in this lix to defend the legality of the refusal in court.

保险公司拒保的基本流程是首先发生索赔时，就提出各种拒赔理由，如未披露或虚假陈述， 免责条款，或保单失效。 然后通过Depo取证，一个英美司法特有的诉讼程序，就是原被告双方都可以向对方当事人，证人书面或视频取证。 如果是保险公司提的，都会涉及到的被保险人在申请时是否存在未披露的疾病或风险，是否存在保单条款中提到的免责情形。 索赔金额与事实是否匹配。 他们不止取证当事人，还可能是您的亲人，邻居，同事。 然后利用这个环节中拿到的有利证据再到法庭上为拒赔的合法性辩护。

During the lawsuit, the insurance company will also hire expert witnesses such as medical, legal or insurance to testify to support its position. These experts are very expensive. The ones I have come across charge between $700 and $1,500 an hour. After a lawsuit, the expert fees are tens of thousands , not including the lawyer fees. But no matter what, it is better than paying you. So don't think that if the claim is rejected, I will sue. The litigation cost is something that even a middle-class family cannot afford. Because they have a professional litigation team and a complete set of established procedures.

诉讼期间保险公司还会聘请专家证人如医学、法律或保险作证支持其立场。 这些专家很贵，我所接触到的有700美元到1500美元一小时，一场诉讼下来，大几万的专家费用，还不算律师费。 但怎么样，总比赔给您要划算。 所以不要以为，拒赔了，我就去告，就诉讼成本，一个中产家庭都承担不了。 因为他们有一支专业的诉讼团队，一整套既定的流程。

After his arrest, Mancione faced 11 charges in New York State , including first-degree murder . However, New York State abolished the death penalty in 2004, but he still faced four federal charges, including murder with a firearm, which allows for the death penalty.

被捕后的曼乔内面临纽约州11项指控，包括一级谋杀罪，不过纽约州在2004年废除了死刑，不过他仍面临4项联邦指控，包括使用枪枝谋杀罪，该罪名允许判处死刑。

The decision on whether to seek the death penalty rests with the U.S. Department of Justice . If the Attorney General authorizes seeking the death penalty and it is granted, the death penalty will become an option at the sentencing stage. However, the final decision rests with the jury - 12 ordinary citizens sexted by the prosecution and the defense. These jurors come from the local community and are a cross-section of the community, representing different sectors of society .

是否寻求死刑的决定权在美国司法部手中。 如果司法部长授权寻求死刑并获得批准，死刑将在量刑阶段成为一个选项。 然而，最终决定权在陪审团手中——12名由检方和辩方共同挑选的普通公民，这些陪审员来自当地社区，是一个社区的横切面，代表社会的不同阶层。

You know, civilians have suffered from insurance companies for a long time, and the most criticized thing is the lack of transparency and difficulty in claiming compensation. And Mancione is considered to be a spokesperson against exploitation and a hero of everyone. So I understand that even if the prosecutor recommends the death penalty, a death penalty requires 12 people to vote unanimously in favor, which should be difficult, so Mancione will not die.

要知道，民众已经无法忍受保险公司的压榨，最受批评的就是不透明，索赔难。 而曼乔内被认为是反剥削的代言人，大家的英雄。 所以我理解就算检方建议死刑，判处死刑，需要12人一致投赞成票，这个应该很难，所以曼乔内死不了。

The more powerful defense strategy on Mangione's side is his mental state, that is, the defense attorney will prove that Mangione suffered from a mental disease or defect at the time of the crime, which prevented him from understanding the nature and consequences of his actions or judging that these actions were wrong . Fortunately, the standard of proof for this type of defense is low, and it is enough to reach the "preponderance of the evidence", that is, to the extent that it is more likely than not.

曼乔内这边比较有力的辩护策略，就是自己的精神状态，即辩方律师将证明曼乔内在犯罪时患有精神疾病或缺陷，致使他无法理解自己行为的性质和后果，或无法判断这些行为是错误的。 幸运的是，此类辩护的证明标准较低，只需达到“证据优势”，即达到很有可能的程度就够了。

Mangione, who suffers from spondylolisthesis, underwent spinal fusion surgery in July 2023, after which he reported experiencing "brain fog" and other cognitive difficulties. In mid-2024, Mangione completely lost contact with family and friends, which led his mother to report him missing to police in November 2024. This behavior may also be used to indicate that his mental health was deteriorating.

曼乔内本身就患有椎体滑脱症，2023年7月接受了脊柱融合手术，术后，曼乔内报告称经历了脑雾和其他认知困难。 2024年中期，曼乔内与家人和朋友完全失去联系，这导致他妈妈在2024年11月向警方报失踪。 这种行为也可能用来表明他的心理健康状况有在恶化。

One famous case worth considering is John Hinckley Jr.'s attempt to assassinate U.S. President Ronald Reagan. Hinckley 's lawyers argued that he suffered from severe mental illness and delusions , and claimed that his actions were driven by an obsession with actress Jodie Foster . He was ultimately found not guilty by reason of insanity and committed to a mental hospital. 40 years later, Hinckley was granted an unconditional release.

一个值得参考的著名案例是约翰·欣克利（John Hinckley Jr.）试图刺杀美国总统隆纳·里根。 欣克利的律师辩称，他患有严重的精神疾病和妄想症，并声称其行为是由对女演员朱迪·福斯特（Jodie Foster）的痴迷所驱使。 他最终被判定因精神错乱而无罪，并被送入精神病院。 40年后，欣克利获得了无条件释放。
原创翻译：龙腾网 https://www.ltaaa.cn 转载请注明出处

Back to the case, there is another detail. At that time, Mangione was discovered and reported by a McDonald's employee. The police offered a reward of 60,000 US dollars, but the reward was subject to tax and would not be paid until Mangione was convicted . The employee was exposed online and has already resigned.

回到该案，还有一个细节，当时曼乔内是被麦当劳的一名员工发现后举报的，当时警方悬赏金额是6万美金，但奖金要交税，而且要等曼乔内被定罪了才会发。现在该雇员被网爆，已经离职了。

Another interesting point about this case is that if a person really committed a crime, but under the American jury system, the jurors all sympathize with him and support him, they may refuse to find him guilty, which will lead to a "jury deadlock", that is, unable to reach a consensus. In this case, the judge may declare the trial invalid and decide whether to retry the case. This is rare in the American judicial community.

该案另一个有趣的点就是，如果一个人真的犯罪了，但在美国陪审员制度下，陪审员都同情他，支持他，那可能会拒绝裁定有罪，这将会导致“陪审团僵局”，即无法达成一致意见。 在这种情况下，法官可能宣布审判无效，并决定是否重审案件。 这个在美国司法界很罕见。

原创翻译：龙腾网 https://www.ltaaa.cn 转载请注明出处