Recent Publications - Insurance Fraud & Recovery


Municipal Fraud in Focus as Local Governments Face Budget Woes
December 31, 2020 | Insurance Fraud and Recovery

Nearly a decade ago, in October 2011, Preet Bharara, then serving as U.S. Attorney for the Southern District of New York, announced pension disability fraud charges against a number of individuals associated with the Long Island Railroad (LIRR). The complaint estimated a potential loss to the Railroad Retirement Board of more than $1 billion in

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No-Fault Insurers May Obtain Non-Party Discovery in Fraud Cases
November 6, 2020 | Insurance Fraud and Recovery

Fifteen years ago, the New York Court of Appeals ruled that a violation of a licensing requirement by a medical provider rendered the provider ineligible to be reimbursed by an insurance company for no-fault claims that had been assigned to the provider by an individual allegedly involved in an automobile accident. The court recognized that one

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NY Law Remains Unclear on Non-Party 5th Amendment Invocations and Negative Inferences
September 14, 2020 | Insurance Fraud and Recovery

The Fifth Amendment “not only protects the individual against being involuntarily called as a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings.” Lefkowitz v. Turley,

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Second Circuit Cases May Affect Insurers’ Ability To Fight No-Fault Fraud
March 6, 2020 | Insurance Fraud and Recovery

A case that has been appealed to the U.S. Court of Appeals for the Second Circuit, and one that has just been argued in that court, have the potential to significantly affect the ability of insurance companies to fight no-fault insurance fraud in New York.

The defendants in Government Employees Ins. Co. v. Wellmart RX,

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A Tale of Two States: Fighting No-Fault Insurance Fraud Under Unfair Business Practices Laws
September 6, 2019 | Insurance Fraud and Recovery

Insurance fraud is not only a New York problem, or even solely a northeast concern. Insurance fraud is prevalent across the country. In particular, no-fault insurance fraud can be found in every state with a significant no-fault insurance program.

State legislatures have adopted a wide variety of statutes in an effort to protect consumers and

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Sweeping Changes to the Criminal Justice System Benefit those Accused
April 4, 2019 | Compliance, Investigations & White Collar

On Monday, April 1, 2019, Gov. Andrew Cuomo and the New York Legislature agreed to broad reform in the criminal justice system that will take effect on January 1, 2020. These new criminal procedure laws will completely change how individuals accused of committing crimes (referred to below as “the accused”) are treated during a criminal

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Employee Benefit Plan Review – From the Courts
June 19, 2018 | Labor & Employment | Insurance Coverage

Determining the appropriate standard of judicial review is the threshold issue a court decides when reviewing an adverse benefit determination under the Employee Retirement Income Security Act of 1974 (ERISA). If the court applies the arbitrary and capricious standard of review, it gives deference to the administrator’s determination. By contrast, if it reviews the determination

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Kam Authors Article for ABA
May 11, 2018 | Insurance Fraud and Recovery

Priscilla Kam has authored an article entitled, “How to Keep the Focus and Stay Motivated On the Long Road to Success,” for the American Bar Association’s Tort Trial and Insurance Practice – Young Lawyer’s Division newsletter.

Click here to read the article.

© 2018 by the American Bar Association. Reproduced with permission. All rights reserved.

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Obligations of Prosecutors and Defense Attorneys to Prevent False Testimony
November 15, 2017 | Insurance Fraud and Recovery

Christopher Casa authored an article, “Obligations of Prosecutors and Defense Attorneys to Prevent False Testimony,” which appeared in the November 2017 issue of Nassau Lawyer.

Click here to read the article.

This article is reprinted with permission by the Nassau County Bar Association.

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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 and Recovery | 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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