No. 1966, Disciplinary Docket No. 3

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IN THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. No. 1966 Disciplinary Docket No.3 No. 51 DB 2013 BERNARD SNYDER, Respondent Attorney Registration No. 14 796 (Montgomery County) ORDER PER CURIAM: AND NOW, this 181h day of September, 2013, there having been filed with this Court by Bernard Snyder his verified Statement of Resignation dated July 17, 2013, stating that he desires to resign from the Bar of the Commonwealth of Pennsylvania in accordance with the provisions of Rule 215, Pa.R.D.E., it is ORDERED that the resignation of Bernard Snyder is accepted; he is disbarred on consent from the Bar of the Commonwealth of Pennsylvania; and he shall comply with the provisions of Rule 217, Pa.R.D.E. Respondent shall pay costs, if any, to the Disciplinary Board pursuant to Rule 208(g), Pa.R.D.E. A True Copy Patricia Nicola As Of 9/18/L013 ~· }1tt.t/,J Attest: Chief Cler · Supreme Court of Pennsylvania BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL Petitioner v. No. 51 DB 2013 Attorney Registration No. 14796 BERNARD SNYDER Respondent (Montgomery County) RESIGNATION BY RESPONDENT Pursuant to Rule 215 of the Pennsylvania Rules of Disciplinary Enforcement BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA In the Matter of BERNARD SNYDER No. 51 DB 2013 Attorney Registration No. 14796 (Montgomery County) RESIGNATION UNDER RULE 215, Pa.R.D.E. BERNARD SNYDER, Respondent, hereby tenders his resignation from the practice of law in the Commonwealth of Pennsylvania in confonnity with Rule 215, Pa.R.D.E. and fmther states as follows: · 1. He is a formerly admitted attomey in the Cmm11onwealth of Pe1msylvania having been admitted to the bar on or about June 2, 1958 and is on active status. 2. He desires to submit his resignation as a member of said bar. 3. His resignation is freely and voluntarily rendered; he is not being subjected to coercion or duress and he is fully aware of the implications of submitting this resignation. 4. He is aware that there are presently pending investigations into allegations that he has been guilty of misconduct, the nature of which allegations have been made known to him by a Petition For Discipline filed April 22, 2013, a true and correct copy of which is attactFI Jell;;,toE D AUG 0 1 2013 Office of the Secretary The Disciplinary Board of the Supreme Court of Pennsylvania made a part hereof and marked Exhibit "A." 5. He aclmowledges that the material facts upon which the allegations contained in Exhibit "A" are based are true. 6. He submits the within resignation because he knows that he could not successfully defend himself against the charges of professional misconduct set forth in the attached Exhibit "A." 7. He is fully aware that the within resignation statement is inevocable and that he can apply for reinstatement to the practice oflaw only pursuant to the provisions of Rule 218, Pa.R.D.E. 8. He acknowledges that he is fully aware of his right to consult and employ counsel to represent him in the instant proceeding. He has retained, consulted and acted upon the advice of counsel in com1ection with this decision to execute the within resignation. It is lmderstood that the statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904 (relating to unswom falsification to authorities). Signed this /7'/Cc,ay of c/vfj , 2013. -2- BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL, Petitioner No. ~\ DB 2013 v. Attorney Reg. No. 14796 BERNARD SNYDER, (Montgomery County) Respondent PETITION FOR DISCIPLINE Petitioner, J. Killion, the Office of Disciplinary Counsel, by Paul Chief Disciplinary Counsel, and Harold E. Ciampoli, Jr., Disciplinary Counsel, files the within Petition for Discipline and charges Respondent, Bernard with Snyder, professional misconduct ln violation of the Rules of Professional Conduct as follows: 1 . Petitioner, whose principal office is situated at Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 2700, P.O. Box 62485, Harr1sburg, Pennsylvania +~~i!i pursuant to Rule 207 of the Pennsylvania r ,.---.."-m P;::;<ii;? "' ~ Enforcement investigate attorney 17106, Rules is invested, of Disciplinary (here1nafter "Pa.R.D.E. "), with the power and duty to all matters admitted to Involving practice alleged law 1n misconduct the of Commonwealt:h any of Pennsylvania and t.o prosecute all disciplinary proceedings brought in accordance with the various provisions of said Rules. Exhibit A OHico c: tL~; Secret ThP llir::.r.~nlin;.<n! r:~n;::Jrd Respondent, Bernard Snyder, was born On October 22, 2. 1925, and was admitted to practice law in the Commonwealth on June 2, 1958. His attorney registration number is 14796. 3. Respondent is currently on active registered address is 113 Almatt Terrace, status Philadelphia, and his PA 19115- 2745. 4 . Respondent is subject to the disciplinary jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania. CHARGE 5 . Philly Family Practice, Inc. (hereinafter "Philly Family") a. lS a Pennsylvania corporation that was incorporated on June 5, 2000, as a result of paperwork submitted by Certified Public Accountant Joel Glauser; b. operated 2003 C. was between June 2000 and September 30, ("relevant time period"); located Philadelphia, d. 5, purported to at 4612 North Broad Street, Pennsylvania; and provide chiropractic medical and phys1cal therapy treatrnents and diagnostic services to persons inJured in accidents. 6 _ Joel GlaLlser was Respondent's accountant. 2 7. signed Shortly before Philly Family was incorporated, Respondent checks drawn on Respondent's business account to pay: Philly Family's Business tax; Mr. Glauser for the cost of Philly Family's incorporation; and Philly Family's first month rent and security deposit. 8. Hav Moeung and Leon Miller were listed as fifty percent owners of Philly Family during the relevant time period. 9. Leon Miller was approximately seventy five years old at the time Philly Family was incorporated and was a long-time friend of Respondent. 10. Hav Moeung was Cheav Moeung, the son of Respondent's acquaintance, and was approximately twenty-two years old at the time Phil1y Family was incorporated. 11. Hav Moeung and Leon Miller had never met or communicated with each other. 12. Throughout the relevant t 1me period, Respondent was a proprietor, owner, officer and/or shareholder of Philly Family. 13 . Respondent, Phllly Family, Hav Moeung, and consplred to defraud and defrauded insurance compan1es, Scace Farm Fire and Casualty Company and others including the State Farm Mutual Automobile Insurance Company ("State Farm") dur1ng the entire time that Philly Fam1ly operated. 14. fo.llowing: The conspiracy and scheme to defraud 1nvolved the a. the prov1sion and billing for treatment identified as performed by a physician, when the treatment was rendered by unlicensed and unqualified individuals; b. the provision and billing for medically unnecessary treatment; . c. the billing for treatment that was not administered; and d. the provision and physician when a billing for physician was treatment not by a administering the treatment and was not at the medical facility when the treatment was administered. 15. To perpetuate the fraudulent scheme and conspiracy on Insurance compLlnies, Philly Family, its owners, and its employees created and falsified medical records pre~determined treatment plans for all patients that represented to insurance companies that the patients of Philly Family were 1njured when they were not and to substantiate these false or inflated inJUries. 16. To obtain payment for medical services from insurance cornpan1es and to support further treatment and medical billing to 1nsurance companies, Philly Family, its owners, and its employees prepared falsified med1cal records containing fictitious complaints of pat.ients; fictitious findings of injuries; examination documentation ldentifying phys1cal and f1ctitious f1ndings. Philly Family, 17. create its owners, and its employees intended to falsified medical records, knew the false nature of the medical records, and conspired and agreed to create the falsified medical records with the purposes of insurance companies and assisting the securing payment from successful prosecution of claims and lawsuits of its patients. 18. Throughout the relevant time period, Respondent was an active and knowing participant along with others in a defraud State Farm by doing acts including, producing and submitting fraudulent scheme to but not limited to, medic~l reports, bills, and other documents, and making representations that were intended to generate payment from State Farm for medical treatment allegedly provided to individuals insured by State Farm. 19. During the relevant Respondent times, fraudulently concealed his involvement in Philly Family. 20. Throughout the relevant time per1od, Respondent's law practice consisted mostly of representing plaintiffs in personal lDJury cases_ 21. patients During to the relevant. Respondenc and t1mes, Philly Family had referred Respondent had referred clients to Plnll y Famll y. 22. At approximately some forty point during percent of the relevant all the represented were treat1ng at Ph1lly FamJly. time people period, Respondent 23. On April 18, 2006, an amended civil complaint was filed by State Farm in the United States District Court for the Eastern District of Pennsylvania, Insurance Company et. captioned State Farm Mutual Automobile al. vs. Philly Family Practice, Inc., et. al., docket No. 05-2081, alleging that Respondent and various codefendants had, a. inter alia: committed violations and Corrupt of the Racketeer Organizations Influenced Act ("RICO") , Pennsylvania Insurance Fraud Statute and Common Law Fraud; and b. participated in a scheme to defraud State Farm by doing acts including, but not limited to, producing and submitting fraudulent medical reports, bills and other documents which were intended to generate payment from State Farm for medical treatment allegedly provided to Individuals insured by State Farm. 24. A civil jury trial was held before the Honorable Juan R. Sanchez, on June 16, 17, and 20, 2011, during which time Respondent was represented by attorney Anne M. Dixon, Esquire. 25. At tr1al, Respondent: a. stipulated(after having the opportunity to review two hundred seventeen medical charts and records of patient.s treated at Philly Practice, over one hundred deposition transcripts, of all witnesses) and the testimony that the medical records created by Philly Practice were fraudulent; and b. testified, Family inter alia, was that shortly before incorporated; he made Philly loan a $20,000.00 to his acquaintance Cheav Moeung, of which Respondent understood was going to be used to start a medical center for Cheav' s twenty-two year old son, Hav Moeung. 26. On June 22, 2011, the official verdict slip was filed, 1n which the jury found the following: a. As to State Farm's claim of Statutory Insurance Fraud: 1. Respondent had assisted, helped, solicited or conspired in the admitted fraudulent practices at Philly Family Practice, Inc.; 11. Responden[, w1tb the knowledge of their false or fraudulent: statements, medical nature, for records, presented example, medical or lett:ers, demand report:s sent or medical bills co State Farm; 1ii _ Respondent. knowingly indirectly, from benefited the dlrectly, admitted fraudulent pract:u:c_:,s at Philly Family Practice, 7 or Inc.; lV. Respondent was the owner, administrator or employee of Philly Family Practice, Inc., and allowed Philly Family Practice, to engage Inc. in common law fraud; and b. As to State Farm's claim of Common Law Fraud: l. Respondent participated fraudulent Practice, 27. practices in at admitted the Philly Family Inc. The burden of proof for State Farm to prove its claims based on Statutory Insurance Fraud and Common Law Fraud was a clear and convincing evidence standard. 28. jnry, Farm On June 28, it. was ordered thL>t against in accordance with the verdict of the 2011, Respondent JUdgment. be entered and further ordered Hl favor of St:ate that compensatory damages in the amount of $685,300.00 be awarded to State Farm and punl t i ve damages be iHvarded to State Farm ln the amount of $400,000.00. 29. On July 13, 2011, States Court of Appeals for Judgment dated June 28, Respondent appealed the United 2011. 30. On Apr.il l "" ..LU, 2012, the Thlrd Circult to from the Order of Respondent filed a Motion to Withdraw his appeal. 31. By Order dated April 11, 2012, Respondent's appeal to the Third Circuit was d1sm1ssed. 32. above, By his conduct Respondent as alleged in Paragraphs violated the following Rule of 5 through 31 Professional Conduct: RPC B. 4 A. (c) misconduct involving which states that for a lawyer to dishonesty, it is professional engage in conduct deceit fraud, or misrepresentation. WHEREFORE, Petitioner prays that your Honorable Board appoint, pursuant to Enforcement, Rule a 205, Hearing Pennsylvania Commit tee Rules to hear of Disciplinary testimony and receive evidence in support of the foregoing charges and upon completion of said hearing to make such findings of fact, conclusions of law, and recommendations for disciplinary action as it may deem appropriate. Respectfully submitted, OFFICE OF DISCIPLINARY COUNSEL PAUL J. KILLION, Chief Disciplin~ry BY: Harold E. Ciampol i., Jr. Attorney Reg. No. 51159 Office of Disciplinary Counsel District II Office Sulte 170 820 Adams Avenue Trooper, PA 19403 (610) 650- B210 VERIFICATION The statements contained in the foregoing Petition for Discipline are true and correct to the best of my knowledge or information and belief and are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date Disciplinary Counsel

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