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Subpoenas to non-party bank entities are highly relevant to actions by insurance carriers under NJIFPA and RICO.

January 1, 2019
Gov’t Emples. Ins. Co. v. Trnovski, 2018 U.S. Dist. LEXIS 182375

The insurance carrier filed actions under NJIFPA and RICO against the medical provider alleging a scheme in which the defendant was wrongfully compensated for hundreds of fraudulent bills. The plaintiff served subpoenas to two non-party banks seeking production of documents related to any account maintained by the medical provider, which the defendant sought to squash. The court found that the defendant did not have standing since there was merely a vague mention of a personal privilege in the motion to quash. Moreover, the court found that the subpoenas were highly relevant to the allegations made by the insurance carrier as the records could reveal the extent to which the defendant profited from the alleged scheme and the amount of damages the plaintiff suffered. Accordingly, seeking bank records from any medical provider when there are allegations under the NJIFPA and RICO are vital to these claims, and motions to quash are unlikely to be granted.

 

Case Law Alerts, 1st Quarter, January 2019

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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Ariel C. Brownstein
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