Professional Conspiracies to Commit Insurance Fraud

Published: July 5, 2021, 1:09 p.m.

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A Video Explaining Professional Conspiracies  

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https://zalma.com/blog 

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 The Doctor Lawyer Conspiracy  The doctor\\u2013lawyer conspiracy will often begin in one of two ways. An  attorney uses individuals, called \\u201cchasers,\\u201d \\u201crunners,\\u201d or \\u201ccappers,\\u201d to  recruit a clientele of auto accident victims, usually for a flat fee.  They look for victims of actual automobile accidents and convince these  individuals to visit the attorney, who is, in fact, running a personal  injury mill. The recruit may either be solicited to become a knowing  participant in the scheme and receive payment for his or her  involvement, or can remain an unwitting participant, unaware that his or  her claim has been manipulated for fraudulent purposes. Some of the  \\u201cvictims\\u201d are paid a flat fee of $100 to $500 and are never heard of  again, while the physicians create fake reports of injuries and  treatments and the unscrupulous lawyer presents the claim on behalf of  his \\u201cvictim\\u201d client and shares any settlement equally with the  physician.  Organizers of such schemes may also recruit friends, acquaintances or  illegal aliens to play the role of victims in staged automobile  accidents. In this type of scheme, the claimant is a knowing,  cooperative participant in the fraudulent activity and may be involved  in many different claims involving the same corrupt professionals. The  attorney refers the accident victim to a cooperating medical  practitioner who fabricates medical diagnoses and reports and prepares  false bills.  Fraud in the Medical Profession  A doctor can initiate a medical fraud scheme by having a patient  schedule a number of visits even though the actual medical treatment is  minimal or non-existent. The doctor then bills as if the services were  rendered.  In another version of the scheme, a physician will \\u201crent\\u201d Social  Security numbers from economically disadvantaged people who are not even  ill, and bill for services that they did not receive. There have been  cases where a medical provider purchases computer records of legitimate  patients from a hospital employee, submits invoices to Medicare or  Medicaid, which wires funds to the provider for the services  claimed\\u2014although not rendered\\u2014and then disappears only to obtain a  Medicaid and Medicare provider number under a different name.  Fraud in the Legal Profession  Attorneys conspire with insureds and other attorneys to bring suit and  counter suit against each other, with allegations that require a defense  under a reservation of rights. Then, demanding independent counsel  because of the conflict caused by the reservation of rights, the  so-called \\u201cindependent\\u201d counsel run up excessive billing to be paid by  the insurer. The lawsuits seem to never be in a position to settle and  the attorneys\\u2019 billings often exceed the amounts claimed in the  lawsuits. The billings may be for legal work not done at all or be  simply excessive for the work done. One attorney regularly billed  various insurers more than 80 hours for work allegedly done in a single  day, although he never billed a single client more than eight hours in  any one day, he billed ten or more clients each day.  The most notorious example of this kind of fraud is often called \\u201cCumis\\u201d  fraud because of a decision in the California Court of Appeal case, San  Diego Navy Fed. Credit Union v. Cumis Ins. Soc\\u2019y Inc., 208 Cal. Rptr.  494 (Cal. Ct. App. 1984) involving an attorney named Lynn Boyd Stites.  \\xa9 2021 \\u2013 Barry Zalma

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