Magistrate Recommends Partial Default Judgment Against 38 Defendants In Scheme

(February 23, 2017, 3:14 PM EST) -- NEW YORK — A federal magistrate judge in New York on Feb. 15 recommended entering default judgment against 38 defendants accused of fraud and violating the Racketeer Influenced and Corrupt Organizations Act for fraudulently billing Allstate Insurance Co. and other insurance companies for durable medical equipment (DME), but found that the insurers’ claim for unjust enrichment was duplicative of the cause of action for fraud (Allstate Insurance Company, et al. v. Fotima Abutova, et al., No. 13 CV 3494, E.D. N.Y., 2017 U.S. Dist. LEXIS 22670)....