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Allstate Insurance Company v. Rozenberg

590 F. Supp. 2d 384 (2008)

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Allstate Insurance Company v. Rozenberg

United States District Court for the Eastern District of New York
590 F. Supp. 2d 384 (2008)

SC

Facts

Allstate Insurance Company and other insurance companies (Allstate) (plaintiffs) filed a lawsuit alleging an insurance-fraud scheme that violated the Racketeer Influenced and Corrupt Organizations Act (RICO). The alleged racketeering activity was mail fraud. Allstate alleged that A.R. Medical Rehabilitation, P.C., and other medical companies (the PC companies) (defendants) billed Allstate for medical examinations and treatments that were not necessary or did not occur at all. Allstate alleged that Dr. Alexander Rozenberg (defendant) was the owner of the PC companies. Allstate alleged, however, that the PC companies were controlled by three managements companies, which were in turn controlled by Inna Polack, Alexander Polack, and Natalya Shvartsman (the management parties) (defendants). In count 1, Allstate alleged that the PC companies and the management parties constituted the RICO enterprise. In count 2, Allstate alleged that Allstate itself was the unwitting RICO enterprise because it was the vehicle through which the PC companies and management parties conducted their criminal activity. The PC companies and management parties moved to dismiss counts 1 and 2, arguing that Allstate failed to plead the existence of an enterprise.

Rule of Law

Issue

Holding and Reasoning (Spatt, J.)

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