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US v. Gabinskaya

(United States Second Circuit) – Conviction of various fraud and conspiracy charges arising out of defendant’s involvement in a conspiracy to defraud insurance companies in connection with claims under New York’s No Fault Comprehensive Motor Vehicle Insurance Reparation Act, N.Y. Ins. Law section 5102 et seq., which requires that a medical services professional corporation providing treatment under the Act be owned by a licensed physician, is affirmed over defendant’s claims that she was the owner of the professional corporation, where New York law is clear that ownership for purposes of the No Fault statute means more than mere paper ownership and that factors beyond formal indicia of ownership may be considered by a fact‐finder in determining ownership under New York’s no‐fault insurance laws.

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