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MEDICAID FRAUD, CONSUMER FRAUD, DOMESTIC VIOLENCE AWARENESS AND
STRANGULATION BILL
 My
office does a tremendous job of taking down those who try to beat the
system through welfare fraud and Medicaid fraud, stealing money from
people who really need it.
Medicare, Medicaid and
medical claim fraud compose the largest numbers of investigated
insurance fraud cases in the United States.
With nearly $60 billion dollars lost annually to fraud, Medicare and
Medicaid fraud cases include questionable activities on the parts of
patients as well as physicians or other healthcare related providers.
Medical claim fraud depletes government-funded healthcare, costs
taxpayers billions of dollars, and drives up private insurance rates.
Many cases that my office sees
involve people who receive Medicaid benefits for which they are
ineligible. We have prosecuted cases where defendants collected
benefits while they owned their own businesses, owned several
properties, enjoyed expensive vacations, purchased luxurious items and
earned six-figure incomes.
My office works closely with the
Human Resources Administration and their Commissioner Robert Doar on
these cases. They, along with our Public Assistance Crimes Unit led by
Lauren Mack, do an incredible job in uncovering this fraud. Our most
recent case involved a Brooklyn couple who owned 16 properties with an
estimated value of $12 million, who were receiving Medicaid benefits.
They would falsify Medicaid application forms, hiding significant assets
and income. A grand jury indicted this couple for Welfare Fraud in the
Third Degree, Grand Larceny in the Third Degree and Offering a
False Instrument For Filing in the First Degree.
Between
March 2008 and December 2009, Praim Singh and his wife
Thackoordai Singh received nearly $9,000 in Medicaid benefits after
claiming in applications submitted in 2007 and 2009 that they lived on
Thackoordai Singh’s $225 weekly salary. The defendants also claimed not
to have any property, businesses or bank accounts. Some of the Singhs’
properties include two $1.25 million three-family brownstones in Park
Slope that can produce a combined $12,600 in monthly rental income; a
$900,000 eight-unit apartment building in Park Slope; and a $700,000
two-bedroom home, with an in-ground swimming pool, in Windsor
Terrace.
Medicaid is a 45-year-old program that
provides healthcare to over four million low-income New Yorkers.
The message to Medicaid cheats is: It’s not if we catch
you, it’s when!
DOMESTIC VIOLENCE
AWARENESS/STRANGULATION BILL
Domestic Violence has always been
an issue very important to me as my mother, Regina Drew, was a victim of
domestic violence. In fact, when I first took office, creating a
Domestic Violence Bureau was one of my top priorities. In just a few
days, we will be commemorating October as Domestic Violence Awareness
Month with a long schedule of events and conferences. One of the most
notable upcoming events is a Barrier Free Justice Meeting on October 5
from 10:00 AM – 12:00 PM, discussing a new strangulation law that
Governor Paterson passed, which goes into effect on November 11. The
new statute, “Criminal Obstruction of Breathing/Blood Circulation and
Strangulation”, makes strangulation a violent felony whereas it used to
be a misdemeanor if there were no actual physical injuries. The new
bill introduces a whole new section of penal laws.
Often, strangulation doesn’t leave
obvious physical injuries. Choking or strangling someone by compressing
her neck, sometimes to the point of unconsciousness, was not considered
an assault because of lack of physical evidence. Now, prosecutors can
point out voice changes or difficulty in swallowing and other
non-physical symptoms. Some victims suffer traumatic brain injuries
resulting from strangulation. This was a very important piece of
legislation because it allows prosecutors more evidence to introduce
into court. The statute also allows us to examine a broader range of
behavior in these domestic violence cases.
Prior
to this new statute, the laws of assault had to be used when a victim
stated "he choked me'". However, at least half, or more, of non-lethal
strangulation cases had no visible evidence of physical injury.
Hence--the cases were difficult on their facts to fit into the assault
statutes. Hence, often near-lethal cases were treated as minor
incidents. Moreover--the necessary and critically important follow-up
questions were not asked--regarding loss of consciousness, voice,
breathing, swallowing changes, etc. Our evidence questionnaire,
developed specifically for these very serious cases, has been utilized
to enhance and charge these cases effectively, even using the existing
law. The brand new law, once it goes into effect, will allow the more
serious cases to be charged as violent felony crimes, and will allow
more of the cases where there are non-visible physical injuries to be
charged.
The Barrier Free Justice Meeting
will discuss the new law, its link to Traumatic Brain Injury (TBI) and
how we can be more effective with the enactment of this new law. There
will be two featured speakers. Dr. Patrick Swift, PhD, of NYU Medical
School will discuss TBI and its link with interpersonal violence.
Stephanie Fritts, a Senior Trial Attorney in my Domestic Violence
Bureau, will discuss the new strangulation statute. The lawyers,
advocates and medical professionals attending the conference will talk
about questions that law enforcement needs to formulate in order to
prosecute these cases more effectively. We can now look into a broader
range of behavior and ask more specific questions. Another important
development is that infrared cameras can now be used to scan a victim’s
neck for any injuries that are not visible. The camera will afford us
the opportunity to get independent corroboration for how the victim
described the strangulation event.
Barrier Free Justice, created in
2000, has assisted over 2400 women with disabilities who have sexual
assault or domestic violence cases pending in Brooklyn. A network of
social workers, case managers and attorneys provide guidance, support
and services to facilitate the victims’ steps towards safety. The
project trains and provides community outreach for criminal justice and
social service professionals about the intersection of disability and
abuse and implements changes to help women with disabilities. Barrier
Free Justice is supported by a grant from the Violence Against Women
Office, U.S. Department of Justice.
Also, to commemorate Domestic
Violence Awareness Month, on October 1, we will be handing out purple
ribbons in my office and placing a new artwork exhibit in the lobby of
our building, which was created by the children who come to our Family
Justice Center. We will also be speaking at several conferences
including a discussion on the Prevention of Family Violence, on October
20 at Maimonides Medical Center, which will take a look at Elder Abuse,
Child Abuse and Domestic Violence, and provide educational strategies
for professionals striving to eliminate family violence in diverse
populations.
CONSUMER FRAUD
As October arrives, many of us begin to prepare our
homes for the colder weather that will be here soon. Many of you will
be hiring plumbers, electricians and general contractors to make repairs
in your homes, give your boilers a tune-up and check your water
heaters. Some may make other improvements to our homes like increasing
the insulation and replacing windows.
Consumer fraud is an all too common practice as there
are predators looking to scam innocent victims. And consumer fraud
certainly applies to home contractors. The common theme with this type
of fraud is victims getting duped because they are looking for the best
bargain, or the best professional to do work for them at the most
reasonable price, and sometimes we are too trusting.
Consumer fraud involving contractors and other home
improvement specialists can take many forms. I have received complaints
in the past about contractors not completing the work that is specified
in the contracts. There are also misleading estimates, unreasonable
delays in completion, cutting corners to complete projects which may not
be in your best interest, stolen deposits, changes to specifications,
mistakes made on certain tasks which are not rectified, demanding full
payment before the work is complete, dangerous
electrical and plumbing work by unlicensed workers, and many other
illegal and deceptive practices. Also, there have been cases in which
people have left these workers in their homes unsupervised to find out
later that some items in the house were missing. It is important to hire
someone that you trust, preferably a professional who was referred to
you by a close family member or friend.
It is unfortunate that some
people spend their hard-earned income to make improvements to their
homes so they can live more comfortably, and just end up with more
aggravation and very little results. There are several ways to protect
yourself so that you won’t be a victim of such fraud. Experts suggest
the following:
·
It is important to select a
professional who is both licensed and insured. Before starting
any home improvement, repair or additions, check with your local state
or municipality for any law pertaining to licensing of contractors and
insurance requirements.
·
It’s not always wise to go with the lowest bidder. After
all, you get what you paid for.
·
Know your rights. Ask for references; don’t be afraid to
ask questions.
·
Get an estimate of how long the project will take and how
they plan on performing specific renovations. Try to get everything
spelled out in a written contract. If they are putting in certain
fixtures, you can ask for the brand names of those fixtures and research
the prices yourself.
·
Make sure you have a reliable, verified phone number and
address for your contractor.
·
You also have the right to require a Construction Bond;
this will cover you for your financial losses due to an incomplete
abandoned project or excessive delays in performance of the contract
outside of normal delays.
·
Do not agree to any additional work or changes in the
original work stated in the contract without a written agreement between
yourself and the contractor for these changes.
If you suspect consumer fraud, you
should file a complaint with the New York State Attorney General’s
Office, Consumer Frauds and Protection Bureau, 120 Broadway, New York,
N.Y. 10271 (telephone number 212-416-8345). You may also file a
complaint with the New York City Department of Consumer Affairs, 42
Broadway, New York, N.Y. 10004 (telephone number 212-487-4110). You can
also file a complaint with the Better Business Bureau. You can find
them on the Internet at
www.newyork.bbb.org or call them at
212-533-6200.
My office’s DA’s Action Center and
my neighborhood offices, which are located throughout Brooklyn, can also
provide appropriate referrals if you suspect a business is involved in
defrauding the public. Please call my neighborhood office hotline at
718-250-2555 for the location nearest you. Or call my DA’s Action Center
at 718-250-2340 to give us information on any crime including consumer
fraud.
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