ZIFL 8/15/2021 -- Volume 25, Issue 16
https://zalma.com/blog and https://zalma.com/zalmas-insurance-fraud-letter-2/
Claim For Damage to Property That Existed Before Issuance of Policy Is Fraud It Is a Crime to Claim Preexisting Damage as New Damage After accepting a Plea Agreement and having a judgment entered the Defendant had no right to expunge his criminal record Vsevolod Sergee Garanin appealed from the order, entered in the Court of Common Pleas of Lackawanna County, denying his expungement petition. Commonwealth Of Pennsylvania v. Vsevolod Sergee Garanin, No. 337 MDA 2020, Superior Court of Pennsylvania (July 30, 2021) Man Bites Dog Story: Geico Gets Injunction Against Medical Provider’s Allegedly Fraudulent Arbitrations Co Violations by Health Care Providers Require Court to Enjoin Arbitrations Plaintiffs (collectively “GEICO”) sued Alexandr Zaitsev, M.D., Metropolitan Interventional Medical Services, P.C., and many others health care providers. GEICO alleged that defendants committed civil RICO violations, common law fraud, aiding and abetting fraud, unjust enrichment, and New Jersey Insurance Fraud Prevention Act violations. Additionally, GEICO sought a declaratory judgement that defendants may not recover on any of the outstanding bills submitted to GEICO. In Government Employees Insurance Company, et al. v. Alexandr Zaitsev, M.D., et al., No. 1:20-cv-03495-FB-SJB, United States District Court, E.D. New York (July 27, 2021) the USDC dealt with GEICO’s motion for a preliminary injunction to (1) stay all of defendants’ pending no-fault insurance collection arbitration against GEICO and (2) enjoin the defendants from commencing any new no-fault insurance collection arbitration or litigation against GEICO, pending the disposition of GEICO’s claims in this action. Fraud Created by Legal Professionals Some attorneys, forgetting the oath they took when admitted to the Bar, conspire with insureds and other attorneys to commit insurance fraud. The schemes are innumerable, including staged accidents, workers’ compensation fraud, independent counsel, third party liability and property insurance fraud. A fraud claim against a lawyer is no different from a fraud claim against anyone else. The fact a lawyer committed fraud in the capacity of attorney for a client does not relieve him of liability. [Barber v. Sedgwick Claims Management Services Inc., 3:14-27349, 2017 WL 1027593, at *3 (S.D. W. Va. Mar. 16, 2017)] The absolute litigation privilege does not extend to acts of fraud or malicious prosecution. [Miller v. Ashton (N.D. W.Va., 2019)] Health Insurance Fraud Convictions