The U.S. District Court for the Southern District of New York has denied defense motions to dismiss federal health care 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 in United States v. Pierre, 22 Cr. 19 (PGG); 22 Cr. 20 (PGG) (S.D.N.Y. July 12, 2023) by Judge Paul G. Gardephe makes clear that where defendants obtain payments for medical services based on any such misrepresentations, they commit fraud actionable under federal criminal fraud statutes.
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