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ZIFL - Volume 25, Issue 13   

https://zalma.com/blog

Attorneys Should Never Be Involved in Fraud with Clients The Crime Fraud Exception to The Attorney Client Privilege  In United States of America v. Aron Chervin, Et Al, No. 10 CR 918  (S.D.N.Y. 09/21/2011) an indictment involving multiple health insurance  fraud perpetrators attempted to keep from their criminal trial wiretap  conversations that seem to establish the crime.  By motion dated June 1, 2011, Defendant Michael Lamond (\\u201cLamond\\u201d) moved  to suppress nineteen telephone conversations between himself and  Defendant Aron Chervin intercepted by the Federal Bureau of  Investigation (\\u201cFBI\\u201d) pursuant to court-authorized wiretaps. Defendant  argued that the communications are protected by the attorney-client  privilege because Aron Chervin was a client.  The Defendants were charged with creating wholesale and retail shell  corporations to perpetuate the fraudulent sale of Durable Medical  Equipment (\\u201cDME\\u201d) to obtain inflated reimbursement from no-fault  insurance providers, and financing their scheme through the sale of  fraudulent receivables of the clinics to investors who benefitted from  the inflated reimbursement generated by the fraud even though New York  State prohibits medical professionals from sharing fees for medical  services with non-medical professionals.  The sophisticated schemes also utilized the services of lawyers to  represent patients, to facilitate payments, and to prevent the insurance  companies from detecting the possibility of fraud.  An Insured Cannot Commit A \\u201cLittle\\u201d Fraud Anymore Than Be A \\u201cLittle  Dead\\u201d Kentucky Claimed Millions in Unallowable School-Based Medicaid  Administrative Costs Good News from the Coalition Against Insurance Fraud Health Insurance Fraud Convictions   \\xa9 2021 \\u2013 Barry Zalma