Post 5080
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Illegal Financial Arrangements Between Health Care Professionals Stopped
In Government Employees Insurance Company, GEICO Indemnity Company, GEICO General Insurance Company and GEICO Casualty Company v. Akiva Imaging Inc., Rashbi Diagnostics Imaging Inc., et. al, No. 1:24-CV-6549 (FB) (JAM), United States District Court, E.D. New York (May 19, 2025)
Plaintiffs:
GEICO companies collectively referred to as “Plaintiffs” or “GEICO” .
Defendants:
Akiva Imaging Inc., Rashbi Diagnostics Imaging Inc., and other health care providers “Defendants.”
Massiveness Of Fraudulent Scheme:
Defendants contend that the scheme here does not reach the size and complexity required by the Circuit in Tri-Borough to find serious questions going to the merits and to apply the exceptions to the FAA and AIA. Serious questions exist by virtue of the scheme’s complexity the complaint “describes a web of interconnected relationships among the various Defendants, and illegal financial arrangements tying many of the Defendants together,” among other things.
Allegations:
GEICO alleges that Defendants committed civil violations under the Racketeer Influenced and Corrupt Organizations Act (RICO), common law fraud, unjust enrichment, and aiding and abetting fraud. GEICO sought a declaratory judgment that Defendants may not recover on any of the outstanding bills submitted to it .
Court’s Decision:
GEICO’s motion was granted and Defendants’ motions are denied. The court found irreparable harm that warrants injunctive relief given the global and intertwined nature of the fraud. The balance of hardships tipped decidedly in GEICO’S favor.
Bond:
The court waived the Rule 65(c) bond requirement.
Conclusion:
Plaintiffs’ motion was granted and Defendants’ motions were denied. Defendants were enjoined from initiating new or proceeding with ongoing collections arbitrations and state-court suits.
ZALMA OPINION
This is a man bites dog story. GEICO as the victim of no fault insurance fraud by various health care providers scheming to present fraudulent health insurance claims to no fault auto insurers when, in fact, the patients were neither injured nor were they treated, just billed. The court stopped the bleeding. The trial would be very interesting where the victim of a fraud seeks indemnity from the alleged fraudsters.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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