Thursday, February 11, 2010

Intent To Defraud

The Law Offices of Silverman & Taylor was convicted in a non-jury trial of four counts of offering a false instrument for filing. The offices and an individual defendant were alleged to have submitted falsely inflated bills for treatment in no-fault insurance claims. The documents were retainer agreements filed pursuant to New York law that had falsely represented the referral source. The Appellate Division had reversed the false filing charges on grounds that there was no reliance by the Office of Court Administration and thus no intent to defraud.

The New York Court of Appeals reversed the Appellate Division, concluding that the element of intent referred to the state of mind of the defendant. The conviction on the false filing counts was reinstated and the matter remitted to the Appellate Division for further proceedings on the appeal. (Mike Frisch)

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