Tuesday, July 14, 2009

For Naught

The Pennsylvania Supreme Court accepted a consent disposition of a three year suspension in a matter in which the attorney pled guilty to felony mail fraud. The criminal case involved an FBI sting operation in which the agents set up a fake chiropractic clinic called Injury Associates ("IA"). IA provided no medical treatment; rather, it generated phony paperwork to support injury claims. The attorney was targeted based on information from a chiropractor who had been prosecuted for fraud.

The lawyer agreed to represent two agents posing as clients. He forwarded claims to insurers after the agents disclosed (captured on video and audiotape) that they had not received any treatment from IA. Nonetheless,  the lawyer settled the two matters with an insurance company for a total of $15,000.00, predicated at least in part on treatment records from IA.

The lawyer made the following statement in a post-settlement meeting with the agents:

Just want to let you know, I'm, you know, it all makes sense to me now and we'll just leave it at that....But in the future when you have a legal problem or an injury...let's, you know, do it in a different way...No one's gonna know about it because they closed the file here...I'm not going to let anybody use my good reputation again like this, but I'm not going to let it go for naught. I did all the proper record keeping. You never got this, so...it makes no difference.

The lawyer was busted after he handed the settlement checks to the agents. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/07/for-naught.html

Bar Discipline & Process | Permalink

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