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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\\u2019s  Allegedly Fraudulent Arbitrations  Co Violations by Health Care Providers Require Court to Enjoin  Arbitrations  Plaintiffs (collectively \\u201cGEICO\\u201d) 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\\u2019s motion for a  preliminary injunction to (1) stay all of defendants\\u2019 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\\u2019s 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\\u2019  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