Cuomo Announces Conviction Of Physician Involved In Scheme That Defrauded Insurance Carriers Of $1 Million

NEW YORK, NY (May 14, 2007) – Attorney General Andrew M. Cuomo today announced the conviction of a physician who was involved in a scheme to defraud insurance carriers and manipulate New York State’s no-fault law. Tatyana Kisina, of Brooklyn, was convicted on felony charges after a jury trial in Queens County before the Honorable Arthur Cooperman.

Attorney General Cuomo said, “This conviction closes the book on an intricate scheme that cheated companies out of one million dollars. When greedy individuals defraud insurance companies, it doesn’t just hurt the companies, but also impacts thousands of honest consumers.”

The scheme operated as follows: Motor vehicle accident victims were solicited by so-called “steerers” to a clinic, IK Medical. (was this the name of the clinic?) (what was the financial relationship between the steerers and the clinic?) The clinic was purportedly owned by Dr. Irina Kimyagarova but was actually managed and controlled by Emil Izrailov and Robert Shimunov. (why is this relevant?) Medical providers at the clinic then submitted fraudulent no-fault claims for treatment that had not been provided and for procedures that were medically unnecessary. No-fault claims are XXXXXXX. Attorneys, who purchased patient information from the clinic, then used the information to file personal injury claims on behalf of the accident victims. The combined efforts of the participants of the scheme defrauded insurance carriers of an estimated $1 million.

Kisina was convicted Friday, May 11, 2007 of two counts of Insurance Fraud in the Third Degree and two counts of Falsifying Business Records in the First Degree. (Was she convicted for being part of the scheme?) At sentencing, which is scheduled for June 22, 2007, Kisina faces up to a maximum of seven years in prison.

The following co-defendants pleaded guilty prior to trial:

Emil Izrailov, lay owner (what is a lay owner?) - Insurance Fraud in the Third Degree
Robert Shimunov, lay owner - Insurance Fraud in the Third Degree
Dr. Irina Kimyagarova, purported owner - Scheme to Defraud in the First Degree
Manny Nunez, steerer - Attempted Grand Larceny in the Fourth Degree
Philip Lowery, steerer - Commercial Bribing in the First Degree
Zula Lowery, steerer - Criminal Facilitation in the Fourth Degree
You Li, acupuncturist - Offering a False Instrument for Filing in the Second Degree
Janet Koton, psychotherapist - Attempted Scheme to Defraud in the First Degree
Frank Bello, chiropractor - Insurance Fraud in the Fifth Degree
Konstantin Levin, dentist - Attempted Petit Larceny
Joseph Rizzo, attorney - Scheme to Defraud in the First Degree
Arthur Shtaynberg, attorney - Violation of Judiciary Law Section 482

Insurance Department Superintendent Eric Dinallo said, “Law-abiding New Yorkers and insurance companies have the right to know they are not paying for someone’s criminal acts. New Yorkers are benefiting from lower auto insurance rates in large part because the Insurance Department has fought vigilantly against fraud in cooperation with agencies like the Attorney General’s office, and we will continue to work with the Attorney General and others in that fight.” (why does he mention auto insurance?)

The Attorney General thanks the Insurance Department for their assistance in bringing this matter to justice. (why was this left incomplete?)

The case was handled Assistant Attorney General Thomas McCarren, under the supervision of Felice Sontupe, Acting Deputy Bureau Chief of the Criminal Prosecutions Bureau, and Laurie Israel, Acting Bureau Chief of the Criminal Prosecutions Bureau. The case was assisted by Analysts Brian Selfon and Yuri Kurbatov, Investigators Dennis Laverty and Adrian Clapper, and Supervising Investigators Louis Martinez and Larry McDonald, under the direction of Deputy Chief Frank Orlando.