1:25-cv-05428
09/29/2025
Open
Public and Administrative - Racketeer Influenced & Corrupt Organizations Act
and John Doe Defendants “1” through “10” (collectively, the “Management Defendants”) (the PC Defendants, Nominal Owners and Management Defendants are collectively referred herein as the “Defendants”), hereby allege as follows:
1. Plaintiffs bring this action seeks to recover more than $863,000.00 that Defendants wrongfully obtained from Liberty Mutual by submitting, and causing to be submitted, hundreds of fraudulent no-fault insurance charges relating to medically unnecessary, illusory, and otherwise non-reimbursable healthcare services, including computerized range of motion and muscle strength testing services (“ROM/MT”), functional capacity tests (“FCE Tests”) and activity limitation measurement tests (“ALM Tests”) (collectively the “Fraudulent Services”), which were allegedly provided to individuals who claimed to have been involved in automobile accidents and eligible for coverage under New York no-fault insurance policies issued by Liberty Mutual (“Insureds”). Additionally, this action seeks to terminate an ongoing fraudulent scheme committed against Liberty Mutual by Defendants.
2. The Fraudulent Services are the byproduct of a scheme perpetrated by Defendants at various multi-disciplinary medical clinics, primarily located in the New York metropolitan area (the “No-Fault Clinics”). As part of the fraudulent scheme, Defendants billed Liberty Mutual and the New York automobile insurance industry for medically unnecessary treatments, using as “fronts” the tax identification numbers of eighteen (18) separate healthcare practices, purportedly owned by various physical therapists. The physical therapists, Brian Popovsky (“Popovsky”), Boris Vasserman (“Vasserman”), Payal Patel (“Patel”), Youngki Kong (“Youngki”), Manisha Varsani (“Varsani”), Yoo Han Na (“Na”), Lee Jae Young (“Young”), Nishitkumar Kaushik (“Kaushik”), Himani Jani (“Jani”), Ilya Terekov a/k/a Perloff (“Perloff”), however, were nothing
more than nominal or “paper” owners and never truly owned, controlled or managed the PC Defendants. In reality, the Nominal Owners acted to conceal the unlawful ownership, control, and/or operation of the PC Defendants and the provision of the Fraudulent Services by a series of unlicensed individuals and entities, including the Management Defendants, who carried out the scheme utilizing illegal control of the PC Defendants and referral arrangements that allowed the PC Defendants to access a steady stream of motor vehicle accident victims.
3. Through this action, Liberty Mutual seeks recovery of more than $863,000.00 that has been wrongfully obtained from it along with a declaration that it is not legally obligated to pay reimbursement of more than $1,000,000.00 in pending No-Fault insurance claims that have been submitted by or on behalf of the PC Defendants because:
(i) the PC Defendants were unlawfully incorporated and/or owned, controlled, and operated by laypersons, including the Management Defendants;
(ii) Defendants submitted claims for Fraudulent Services that were not medically necessary and were provided – to the extent provided at all – pursuant to fraudulent, pre-determined protocols designed solely to financially enrich Defendants and others not presently known;
(iii) Defendants submitted claims for Fraudulent Services using billing codes that misrepresented and exaggerated the level of services that purportedly were provided in order to inflate the charges submitted to Liberty Mutual;
(iv) the Fraudulent Services were provided – to the extent provided at all – pursuant to the dictates of laypersons not licensed to render healthcare services; and
(v) in many cases, the Fraudulent Services were not eligible for reimbursement because they were provided – to the extent provided at all – by independent contractors rather than by the PC Defendants’ employees.
4. The fraudulent insurance scheme against Liberty Mutual and the New York automobile insurance industry is extensive, involving billing to Liberty Mutual alone of more than $2,000,000.00 through the PC Defendants for the alleged performance of the Fraudulent Services
Page 3Presiding Judge
Nina R. Morrison
Referral Judge
Clay H. Kaminsky
Plaintiffs
Liberty Mutual Insurance Company
Liberty Mutual Fire Insurance Company
Liberty Insurance Corporation
The First Liberty Insurance Corporation
LM Insurance Corporation
Liberty Mutual Mid-Atlantic Insurance Company
Liberty County Mutual Insurance Company
LM Property and Casualty Insurance Company
Safeco Company of Indiana
American States Insurance Company
Plaintiff Attorneys
Barry I. Levy
Frank Peter Tiscione, Jr.
(#7) NOTICE of Appearance by Frank Peter Tiscione, Jr on behalf of American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation (aty to be noticed) (Tiscione, Frank) (Entered: 09/30/2025)
(#6) SCHEDULING ORDER: An initial conference will be held before Magistrate Judge Clay H. Kaminsky on December 10, 2025, at 11:30 a.m. in Courtroom 504 North. Plaintiff's counsel is directed to ensure that all parties are aware of this conference. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than December 3, 2025. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Clay H. Kaminsky on 9/29/2025. (STH) (Entered: 09/29/2025)
(#5) Summons Issued as to Yoo Han Na, BP Dynamic Rehab PT, P.C., BV Nassau County Physical Therapy, P.C., BV Physical Therapy, P.C., Beta Physical Therapy, PLLC, Cadence Physical Therapy, P.C., Dynamic Motion Physical Therapy, P.C., Extension Physical Therapy, P.C., Igor Farberov, GIF Consulting Corp., Gamma Physical Therapy, PLLC, Heal-Rite Physical Therapy, P.C., In Place Physical Therapy, P.C., Inew Rehab Physical Therapy, P.C., Inje Physical Therapy, P.C., Himani Jani, Joint Journey Physical Therapy, P.C., Nishitkumar Kaushik, Youngki Kong, MV Physical Therapy, P.C., Morning Star Rehabilitation Physical Therapy, P.C., NYNY Physical Therapy, P.C., Payal Patel, Perloff Physical Therapy, P.C., Brian Popovsky, Step Up Physical Therapy, P.C., Ilya Terekov, Manisha Varsani, Boris Vasserman, Lee Jae Young. (KD) (Entered: 09/29/2025)
(#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Entered: 09/29/2025)
(#3) Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://www.nyed.uscourts.gov/sites/default/files/uploads/mjconsentform.pdf (KD) (Entered: 09/29/2025)
(#2) Corporate Disclosure Statement by American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation identifying Corporate Parent Liberty Mutual Insurance Company for American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation. (Levy, Barry) (Entered: 09/29/2025)
Exhibit 18-Representative Sample of Inje Physical Therapy, P.C., Claims
Exhibit 17-Representative Sample ofJoint Journey Physical Therapy, P.C., Claims
Exhibit 16-Representative Sample of Inew Rehab Physical Therapy, P.C., Claims
Exhibit 14-Representative Sample of BV Physical Therapy, P.C., Claims
Exhibit 12-Representative Sample of In Place Physical Therapy, P.C., Claims
Exhibit 10-Representative Sample of Heal-Rite Physical Therapy, P.C., Claims
Exhibit 9-Representative Sample of Perloff Physical Therapy, P.C., Claims
Exhibit 7-Representative Sample of Cadence Physical Therapy, P.C.
Exhibit 5-Representative Sample of Beta Physical Therapy PLLC., Claims
Exhibit 4-Representative Sample of BP Dynamic Rehab PT, P.C., Claims
Proposed Summons and Rider "A"
(#1) COMPLAINT against Yoo Han Na, BP Dynamic Rehab PT, P.C., BV Nassau County Physical Therapy, P.C., BV Physical Therapy, P.C., Beta Physical Therapy, PLLC, Cadence Physical Therapy, P.C., John Doe Defendants 1 through 10, Dynamic Motion Physical Therapy, P.C., Extension Physical Therapy, P.C., Igor Farberov, GIF Consulting Corp., Gamma Physical Therapy, PLLC, Heal-Rite Physical Therapy, P.C., In Place Physical Therapy, P.C., Inew Rehab Physical Therapy, P.C., Inje Physical Therapy, P.C., Himani Jani, Joint Journey Physical Therapy, P.C., Nishitkumar Kaushik, Youngki Kong, MV Physical Therapy, P.C., Morning Star Rehabilitation Physical Therapy, P.C., NYNY Physical Therapy, P.C., Payal Patel, Perloff Physical Therapy, P.C., Brian Popovsky, Step Up Physical Therapy, P.C., Ilya Terekov, Manisha Varsani, Boris Vasserman, Lee Jae Young filing fee $ 405, receipt number ANYEDC-19484839 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Liberty County Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, American States Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Safeco Company of Indiana, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, LM Insurance Corporation. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons and Rider "A", #3 Exhibit 1-Representative Sample of Gamma Physical Therapy, PLLC, Claims, #4 Exhibit 2- Representative Sample of MV Physical Therapy, P.C., Claims, #5 Exhibit 3-Representative Sample of Morning Star Rehabilitation Physical Therapy, P.C., Claims, #6 Exhibit 4-Representative Sample of BP Dynamic Rehab PT, P.C., Claims, #7 Exhibit 5-Representative Sample of Beta Physical Therapy PLLC., Claims, #8 Exhibit 6-Representative Sample of Extension Physical Therapy, P.C., Claims, #9 Exhibit 7-Representative Sample of Cadence Physical Therapy, P.C., #10 Exhibit 8-Representative Sample of Step Up Physical Therapy, P.C., Claims, #11 Exhibit 9-Representative Sample of Perloff Physical Therapy, P.C., Claims, #12 Exhibit 10-Representative Sample of Heal-Rite Physical Therapy, P.C., Claims, #13 Exhibit 11-Representative Sample of Dynamic Motion Physical Therapy, P.C., Claims, #14 Exhibit 12-Representative Sample of In Place Physical Therapy, P.C., Claims, #15 Exhibit 13-Representative Sample of BV Nassau County Physical Therapy, P.C., Claims, #16 Exhibit 14-Representative Sample of BV Physical Therapy, P.C., Claims, #17 Exhibit 15-Representative Sample of NYNY Physical Therapy. P.C., Claims, #18 Exhibit 16-Representative Sample of Inew Rehab Physical Therapy, P.C., Claims, #19 Exhibit 17-Representative Sample ofJoint Journey Physical Therapy, P.C., Claims, #20 Exhibit 18-Representative Sample of Inje Physical Therapy, P.C., Claims) (Levy, Barry) (Entered: 09/29/2025)
Docket(#7) NOTICE of Appearance by Frank Peter Tiscione, Jr on behalf of American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation (aty to be noticed) (Tiscione, Frank) (Entered: 09/30/2025)
[-] Read LessDocket(#6) SCHEDULING ORDER: An initial conference will be held before Magistrate Judge Clay H. Kaminsky on December 10, 2025, at 11:30 a.m. in Courtroom 504 North. Plaintiff's counsel is directed to ensure that all parties are aware of this conference. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than December 3, 2025. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Clay H. Kaminsky on 9/29/2025. (STH) (Entered: 09/29/2025)
[-] Read LessDocketORDER REASSIGNING CASE. Case reassigned to Judge Nina R. Morrison for all further proceedings. Judge Kiyo A. Matsumoto no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 9/29/2025. (SDM) (Entered: 09/29/2025)
[-] Read LessDocket(#5) Summons Issued as to Yoo Han Na, BP Dynamic Rehab PT, P.C., BV Nassau County Physical Therapy, P.C., BV Physical Therapy, P.C., Beta Physical Therapy, PLLC, Cadence Physical Therapy, P.C., Dynamic Motion Physical Therapy, P.C., Extension Physical Therapy, P.C., Igor Farberov, GIF Consulting Corp., Gamma Physical Therapy, PLLC, Heal-Rite Physical Therapy, P.C., In Place Physical Therapy, P.C., Inew Rehab Physical Therapy, P.C., Inje Physical Therapy, P.C., Himani Jani, Joint Journey Physical Therapy, P.C., Nishitkumar Kaushik, Youngki Kong, MV Physical Therapy, P.C., Morning Star Rehabilitation Physical Therapy, P.C., NYNY Physical Therapy, P.C., Payal Patel, Perloff Physical Therapy, P.C., Brian Popovsky, Step Up Physical Therapy, P.C., Ilya Terekov, Manisha Varsani, Boris Vasserman, Lee Jae Young. (KD) (Entered: 09/29/2025)
[-] Read LessDocket(#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Entered: 09/29/2025)
[-] Read LessDocket(#3) Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://www.nyed.uscourts.gov/sites/default/files/uploads/mjconsentform.pdf (KD) (Entered: 09/29/2025)
[-] Read LessDocketCase Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Clay H. Kaminsky. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) (Entered: 09/29/2025)
[-] Read LessDocket(#2) Corporate Disclosure Statement by American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation identifying Corporate Parent Liberty Mutual Insurance Company for American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation. (Levy, Barry) (Entered: 09/29/2025)
[-] Read LessDocket(#1) COMPLAINT against Yoo Han Na, BP Dynamic Rehab PT, P.C., BV Nassau County Physical Therapy, P.C., BV Physical Therapy, P.C., Beta Physical Therapy, PLLC, Cadence Physical Therapy, P.C., John Doe Defendants 1 through 10, Dynamic Motion Physical Therapy, P.C., Extension Physical Therapy, P.C., Igor Farberov, GIF Consulting Corp., Gamma Physical Therapy, PLLC, Heal-Rite Physical Therapy, P.C., In Place Physical Therapy, P.C., Inew Rehab Physical Therapy, P.C., Inje Physical Therapy, P.C., Himani Jani, Joint Journey Physical Therapy, P.C., Nishitkumar Kaushik, Youngki Kong, MV Physical Therapy, P.C., Morning Star Rehabilitation Physical Therapy, P.C., NYNY Physical Therapy, P.C., Payal Patel, Perloff Physical Therapy, P.C., Brian Popovsky, Step Up Physical Therapy, P.C., Ilya Terekov, Manisha Varsani, Boris Vasserman, Lee Jae Young filing fee $ 405, receipt number ANYEDC-19484839 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Liberty County Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, American States Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Safeco Company of Indiana, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, LM Insurance Corporation. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons and Rider "A", #3 Exhibit 1-Representative Sample of Gamma Physical Therapy, PLLC, Claims, #4 Exhibit 2- Representative Sample of MV Physical Therapy, P.C., Claims, #5 Exhibit 3-Representative Sample of Morning Star Rehabilitation Physical Therapy, P.C., Claims, #6 Exhibit 4-Representative Sample of BP Dynamic Rehab PT, P.C., Claims, #7 Exhibit 5-Representative Sample of Beta Physical Therapy PLLC., Claims, #8 Exhibit 6-Representative Sample of Extension Physical Therapy, P.C., Claims, #9 Exhibit 7-Representative Sample of Cadence Physical Therapy, P.C., #10 Exhibit 8-Representative Sample of Step Up Physical Therapy, P.C., Claims, #11 Exhibit 9-Representative Sample of Perloff Physical Therapy, P.C., Claims, #12 Exhibit 10-Representative Sample of Heal-Rite Physical Therapy, P.C., Claims, #13 Exhibit 11-Representative Sample of Dynamic Motion Physical Therapy, P.C., Claims, #14 Exhibit 12-Representative Sample of In Place Physical Therapy, P.C., Claims, #15 Exhibit 13-Representative Sample of BV Nassau County Physical Therapy, P.C., Claims, #16 Exhibit 14-Representative Sample of BV Physical Therapy, P.C., Claims, #17 Exhibit 15-Representative Sample of NYNY Physical Therapy. P.C., Claims, #18 Exhibit 16-Representative Sample of Inew Rehab Physical Therapy, P.C., Claims, #19 Exhibit 17-Representative Sample ofJoint Journey Physical Therapy, P.C., Claims, #20 Exhibit 18-Representative Sample of Inje Physical Therapy, P.C., Claims) (Levy, Barry) (Entered: 09/29/2025)
[-] Read Less