DOI spearheads a Tort Fraud Task Force that includes the
DOI General Counsel's Office, the Squad of NYPD Detectives assigned to DOI, the
City Law Department and the City Comptroller's Office. The Task Force's
goal is to identify fraudulent claims against the City and prevent such claims
through a combination of criminal prosecutions and recommendations for changes
in City procedures to reduce the opportunity for fraud.
In connection with the work of the Tort Fraud Task Force, DOI
investigates allegations of fraud with an eye towards referring violations of law
for criminal prosecution. DOI has assisted in recovering
money wrongfully paid out by the City and in preventing plaintiffs from receiving
monetary settlements or judgments where they were procured
by fraud and other misconduct. DOI has instituted proactive investigations into apparent
patterns of tort fraud that have become evident as a result of DOI's
investigative efforts.
DOI's investigations of tort fraud against the City have
uncovered a number of instances of criminal conduct in claims against the
City.
For example, in one case, DOI uncovered
evidence that a claimant against the City was using the identity of a deceased
legal resident to hide the fact that the claimant was living and working in the
United States illegally. The Manhattan District Attorney's Office agreed
to prosecute the claimant for perjury; however, he fled the country before he
could be arrested. His multimillion dollar claim against the City was
subsequently dismissed.
In another case, DOI received information that a witness in a
wrongful death case had solicited a bribe for false testimony. DOI
conducted an undercover operation, during which the witness took a cash bribe in
return for writing out a statement in which he knowingly lied about what he had
seen at the time of the death. The witness was immediately arrested and
subsequently pleaded guilty to charges arising from this investigation.
More recently, the joint efforts of the task force resulted in
the dismissal by a federal court judge of a bogus claim in which a man asserted
that he received neck and back injuries from the 2003 Staten Island Ferry crash.
But a DOI investigation uncovered evidence that the man was not on the ferry at
the time of the accident and also that he had neck and back injuries from
multiple prior motor-vehicle accidents. DOI investigators obtained and reviewed
medical, payroll and bank records, interviewed multiple witnesses, and worked
closely with the City Law Department and the Office of the City Comptroller
throughout their defense of the case. As a result, the Law Department refused to
settle the claim and took it to trial in the U.S. District Court in the Eastern
District of New York. In November 2009, a bench verdict was issued and the Court
entered a judgment in favor of the City and attributed costs to the
plaintiff.