United States v. Gabinskaya, No. 15-776 (2d Cir. 2016)
Annotate this CaseDefendant, a licensed physician, appealed convictions stemming from her participation in a broad scheme involving a number of medical services professional corporations (PCs) to defraud insurance companies in connection with claims submitted under New York’s No Fault Comprehensive Motor Vehicle Insurance Reparation Act, N.Y. Ins. Law 5102 et seq. Defendant held herself out as the owner of a PC and represented herself as such on claims. The jury found that, while defendant was the owner on paper, the true owners of the clinic were coconspirator nonphysicians. Defendant principally contends that the jury should have been instructed, in determining the question of ownership, to consider only the formal indicia of ownership, and not the economic realities. The court concluded, however, that New York law is clear that ownership for purposes of New York insurance law is based on actual economic ownership. The court held that, as in the civil context, a factfinder in a criminal case may properly consider factors beyond formal indicia of ownership in determining ownership under New York’s no‐fault insurance laws. The court rejected all of defendant's arguments and affirmed the judgment.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.