Recent Publications - Michael A. Sirignano


‘Public Disclosure’ Bar Can Limit False Claims Act’s Fraud Suits
November 1, 2023 | Insurance Fraud

The federal False Claims Act (FCA) imposes civil liability on anyone who “knowingly presents” a “fraudulent claim for payment” to the federal government. 31 U.S.C. § 3729(a)(1)(A). The FCA’s qui tam provisions allow private citizens, referred to as “relators,” to bring fraud claims on the government’s behalf against those who have violated the FCA’s prohibitions.

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Fraudulent Incorporation Confirmed as Basis for Criminal Healthcare Fraud Charges
August 31, 2023 | Insurance Fraud

The U.S. District Court for the Southern District of New York has denied defense motions to dismiss federal healthcare fraud conspiracy charges predicated on allegations that the defendants falsely represented to no-fault automobile insurance carriers that five medical professional corporations were owned, operated, and controlled by physicians in accordance with New York law.

The decision

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Fraudulent Injury Lawsuits/Unnecessary Surgeries Exposed in Trip-and-Fall Scheme
July 6, 2023 | Insurance Fraud

Personal injury attorney George Constantine and orthopedic surgeon Andrew Dowd were convicted by a Manhattan federal jury late last year for knowingly profiting from a massive $31 million trip-and-fall accident scheme. Constantine reportedly filed nearly 250 fraudulent personal injury lawsuits, and Dowd performed hundreds of unnecessary knee and shoulder surgeries on patients referred to him

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Recissions Based on ‘Material Misrepresentations’ Can Help Combat Fraud
May 4, 2023 | Insurance Fraud

A number of years ago, a couple purchased a three-story house in Woodside, Queens, that contained three separate dwelling units, each with its own kitchen, bathroom, and separate entrance. Thereafter, the couple applied for and obtained a fire insurance policy from Otsego Mutual Fire Insurance Company, indicating on their application that the house was a

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Healthcare Fraud Tops DOJ’s Annual False Claims Act Report – Again!
March 2, 2023 | Insurance Fraud

The Department of Justice (DOJ) released a report on February 7 detailing the settlements and judgments it obtained under the federal False Claims Act (FCA) for the fiscal year (FY) ending September 30, 2022. The statement provides a wealth of information about the government’s fight against federal program fraud, especially fraud relating to federal health

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An Insurance Fraud Year in Review
January 5, 2023 | Insurance Fraud

Lawyers, accountants, other professionals, business people, and consumers who are not directly involved in discovering, challenging, and litigating insurance fraud matters likely would be shocked to learn about the breadth and prevalence of these schemes.

By the same token, one might think that the number and range of insurance fraud-related indictments, convictions, and sentencings in

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The Triple Threat of Workers’ Compensation Fraud
November 3, 2022 | Insurance Fraud

Workers’ compensation insurance is an important social tool that provides benefits to covered employees who become ill or who get hurt because of their job. The insurance benefits can help cover those employees’ medical expenses and the wages they might lose if they must miss work. Workers’ comp insurance also eases the financial burdens on

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As Telemedicine Expands, Insurance Fraud Grows
September 1, 2022 | Insurance Fraud | Health Services

With the strong support of regulators, including in New York, telemedicine has significantly expanded since the beginning of the COVID-19 pandemic. See, e.g., New York State Department of Health, Comprehensive Guidance Regarding Use of Telehealth including Telephonic Services, available at https://www.health.ny.gov/health_care/medicaid/program/update/2021/no07_2021-06_covid-19_telehealth.htm; Governor Hochul Announces $3 Million in New Grants to Expand Access to Telehealth across

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The Anti-Kickback Statute’s Role in Health Insurance Fraud Cases
June 30, 2022 | Insurance Fraud

Alleged violations of the federal Anti-Kickback Statute (AKS) are more and more often at the heart of actions involving accusations of health insurance fraud brought under the False Claims Act (FCA). Consider, for example, the amended complaint that was just filed by the U.S. Justice Department to add six physicians as defendants to the original

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Rule 9(b) Pleading Requirements Under the False Claims Act
May 5, 2022 | Insurance Fraud

The Justice Department recently reported obtaining more than $5.6 billion in settlements and judgments from civil cases involving fraud and false claims against the government in fiscal year 2021. https://www.justice.gov/opa/pr/justice-department-s-false-claims-act-settlements-and-judgments-exceed-56-billion-fiscal-year. This is the largest annual total in False Claims Act (FCA) history since 2014, no doubt spurred in part by fraud related to COVID-19. This

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The Opioid Crisis: An Epidemic Exacerbated by Fraud
March 4, 2022 | Insurance Fraud

The terrible, terrible losses associated with the opioid epidemic are almost too horrifying to describe. Statistics alone cannot explain its scope, but it is important to note that, last year alone, over 100,000 Americans died from drug overdoses across the country. Strikingly, the increase in overdose numbers during the COVID-19 pandemic took place in all

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An Insurance Fraud Year in Review
January 6, 2022 | Insurance Fraud

The year 2021 will be remembered for many things, of course including that, as of this writing, a total of more than 800,000 Americans have died from COVID-19 since the beginning of the pandemic. For lawyers who represent insurance companies in cases seeking to challenge fraudulent claims and other types of insurance fraud, as well

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COVID-19 and the Explosive Rise of Unemployment Insurance Fraud
November 4, 2021 | Insurance Fraud

In mid-May, U.S. Attorney General Merrick Garland established the COVID-19 Fraud Enforcement Task Force. Attorney General Garland directed the task force to use the resources of the U.S. Department of Justice in partnership with agencies across government to enhance enforcement efforts against fraud related to the COVID-19 pandemic. Even by that time – more than

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Compounding the Fraud: Questionable Billing by Pharmacies
July 6, 2021 | Insurance Fraud

As the COVID-19 pandemic was taking hold last April, the Manhattan U.S. Attorney filed a lawsuit against FPR Specialty Pharmacy LLC and Mead Square Pharmacy, Inc., and their owners, Christopher Casey and William Rue, alleging that they had submitted fraudulent claims for reimbursement to federal healthcare programs for compounded prescription drugs in violation of the

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Bank, Sirignano, Kam & Bholan Co-Author Article For ABA’s Tort Trial and Insurance Practice Law Journal
April 14, 2017 | Insurance Fraud | Commercial Litigation

Brian L. Bank, Michael A. Sirignano, Priscilla D. Kam and Michelle A. Bholan co-authored the section Recent Developments in Business Litigation, which was published in the Winter 2017 issue of the American Bar Association’s Tort Trial & Insurance Practice Law Journal.

To read the article, Click Here.

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Sirignano, Tiscione, and Bholan co-author article for ABA’s Tort Trial & Insurance Practice Law Journal
April 5, 2016 | Insurance Fraud | Commercial Litigation

Michael Sirignano, Frank Tiscione, and Michelle Bholan are a contributors to Recent Developments in Business Litigation, which has been published in the Winter 2016 issue of the American Bar Association Tort Trial & Insurance Practice Law Journal.

Click here to read the Article.

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RICO Actions Fight No-Fault Insurance Fraud
March 31, 2015 | Appeals

Michael A. Sirignano and Frank P. Tiscione published an article entitled, “RICO Actions Fight No-Fault Insurance Fraud,” in the Spring 2015 issue of the ABA Tort Source, a publication of the Tort Trial & Insurance Practice Section.

Click here to read the article.

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Recent Developments In Business Litigation
March 31, 2015 | Appeals

Michelle Bholan, Michael Sirignano and Frank Tiscione co-authored an article for the Tort Trial & Insurance Practice Law Journal entitled, “Recent Developments In Business Litigation.” 

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Recent Developments In Business Litigation
October 31, 2012 | Real Estate, Zoning & Land Use | Appeals

Please click the link below to view Recent Developments In Business Litigation. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Recent Developments In Business Litigation

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