JEFF S. KOREK TO BE HONORED AT CAL RAMSEY AWARDS Attorney to be recognized for Basketball-Themed Charitable Work; Additional Honorees include New York Hoops Icon Willis Reed

New York, NY, August 14, 2018 – The Cal Ramsey Awards' executive committee announced today that Jeff S. Korek, Senior Trial Partner at the Manhattan law firm Gersowitz Libo & Korek, P.C., will be among its 2018 honorees and will be officially recognized at a midtown gala in October.

Jeff is a Past President and current Board Member of the New York State Trial Lawyers Association and a Past President of the New York City Chapter of the American Board of Trial Advocates. Each year, he is recognized in both Best Lawyers in America® and Super Lawyers® in the fields of personal injury and medical malpractice. In 2016, he was named as Best Lawyer’s “Lawyer of the Year” for Personal Injury Litigation in New York City. In 2018, the Litigation Counsel of America inducted him into the Trial Lawyers Honorary Society. He is routinely described as “powerful” and “influential” by publications such as the New York Times and Crain’s New York Business.

The awards committee singled Jeff out for his longstanding leadership of and commitment to the South Bronx-based Gardiner Family Memorial Basketball Tournament, which, for 13 years, has been one of the elite streetball events in the region.  The tournament and its related activities honor the memories of the victims of a tragic car accident that took the lives of six members of the same family, while raising money to assist local families in similar circumstances

Since 1999, Jeff has been appointed by four consecutive presiding Justices of the New York State Appellate Division, Second Department, to its Committees on Character and Fitness. He is also a frequent lecturer at the New York State Trial Lawyers Institute, the New York State Bar Association and Fordham University School of Law on subjects of Trial Practice, Medical Malpractice and Construction Injuries. He is regularly published in the New York Law Journal. 

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The annual Cal Ramsey Awards, named for the venerable Harlem community leader and former New York Knicks player and broadcaster, recognize exceptional New Yorkers who have used basketball to promote excellence, dignity, perseverance, and commitment to our community.  The awards gala, hosted by broadcaster Kenny Albert, benefits Harlem Cultural Archives’ Cal Ramsey Scholarship Fund.  Previous award winners have included the founder of the Rucker Pro League Bob McCullough; broadcasting icon Bob Wolff; WNBA star Theresa Weatherspoon; and NBA legends Earl “The Pearl” Monroe and Kiki Vandeweghe. 

“It’s a great thrill for me to receive this award,” said Mr. Korek, a resident of Scarsdale.  “We couldn’t be more proud of the work we do with Dexter and Sherri Gardiner and the Gardiner Foundation.  Helping the Gardiner Foundation grow from where we started until today is one of the most satisfying accomplishments of my life and whatever honors I’ve earned for that work needs to be shared with Dexter, Sherri, and the rest of the team.”

Cal Ramsey Awards’ Executive Director Emily Goldberg said, “We first look to players and coaches when considering honorees.  But we’re always reminded of so many business and community leaders who do extraordinary things to bring our game to young people who can use it to build better lives.  Among the dozens of names suggested to us for 2018, Jeff Korek and the Gardiner Foundation really stood out.  We congratulate Jeff and are pleased to welcome him to our roster of Cal Ramsey Award winners.”

In addition to Mr. Korek, the committee named Naismith Hall of Famer Willis Reed among the 2018 award recipients. Additional honorees will be announced in September.  The 2018 Cal Ramsey Awards will be held at Clyde Frazier’s Wine and Dine on the evening of October 10^th.  Those interested in attending or sponsoring the event should visit www.calramseyfund.org for more info.

ABOUT GERSOWITZ LIBO & KOREK, P.C.

In 1984, Andrew L. Libo and Edward H. Gersowitz founded Gersowitz & Libo, P.C. Jeff S. Korek joined the firm as a named partner in 1992. Mr. Korek now serves as the firm’s Senior Trial Partner.

Gersowitz Libo & Korek, P.C. specializes in personal injury, medical malpractice, construction accidents and wrongful death cases. The firm’s mission is to provide the best legal services possible to families who have suffered from the negligence of others.  

GLK has won more than $800 million in verdicts and settlements on behalf of their clients. Their lawyers focus on significant personal injury and medical malpractice cases.

GLK handles cases throughout New York and New Jersey.

Gersowitz and Korek are Past Presidents of the New York State Trial Lawyers Association. The firm has received many professional accolades including being ranked by Best Lawyers® as one of the best law firms in the United States.

GLK is located at 111 Broadway, New York, NY 10006 and in New Jersey at 157 Engle Street Englewood, NJ 07631.

Tom Hoover: A Night Among The Legends

On June 21^st, a group of former NBA greats will gather at the New York law firm of Herrick, Feinstein LLP to talk about the charitable work being done by the New York Chapter of the National Basketball Retired Players Association.  The Legends in attendance are expected to include Earl “The Pearl” Monroe and Tiny Archibald – both Hall of Famers and both counted among the league’s “50 Greatest Players” – and Len Elmore, whose post-basketball career has been highlighted by graduation from Harvard Law School and a teaching post at Columbia University.

The hardwood heroes will be joined by an elite cadre of legal and business professionals.  The event, sponsored by Herrick, is being staged by the Wealth & Values Initiative (WVI); a collection of legacy families co-founded by Peter Cuneo and Jeremiah Schnee and operating at the crossroads of investment and philanthropy.  The WVI has previously feted a collection of boldfaced names including NHL star Henrik Lundqvist, broadcast journalist Soledad O’Brien, global basketball icon Dikembe Mutombo, music industry titan Kenny Gamble, and Medal of Honor recipient Jack Jacobs.

Among all those accomplished and dedicated individuals, one might need to look hard to find Tom Hoover.  Despite standing 6’9” and still cutting an athletic figure at age 77, Hoover often appears to prefer the background to the spotlight.  Just as he did throughout a seven-year professional basketball career, the Washington DC native and New York resident is most at home doing the little things that will lead to success.

Tom Hoover ... then and now

That attitude has served Hoover well throughout his life.  The sixth pick in the 1963 NBA Draft out of Villanova, he embarked on a journey that saw him play for seven teams in three leagues.  Toiling in the era of unspoken quotas, (“play two at home, three on the road, and four if you’re behind”) Hoover produced solid numbers and always did the hard work defensively and on the boards.  He began his basketball odyssey with the NBA’s New York Knicks and ended it with the ABA’s New York Nets where he got his first chance to start regularly and averaged a double-double playing for Hall of Famer Max Zaslofsky alongside players like Levern Tart, Willie Worsley, and Bob Verga.  Along the way, he also logged time with the Denver Rockets, St. Louis Hawks, Minneapolis Pipers, and Houston Mavericks.  It’s a testament to his unbending will and dedication that he has outlasted six of the seven teams and two of the three leagues he played for.

Today, Hoover serves as President of the NBRPA’s New York Chapter, and he sees his mission clearly.  “We believe we’re here to help our fellow man whenever and wherever possible,” according to Hoover.  “We commit our time, names, energy, expertise, and patience in an ongoing effort to make an everyday difference for those who are less fortunate.  When our own members need help, we negotiate benefits giving those who are uninsured vital access to healthcare and coverage. We also stock food pantries every week, organize holiday parties, and make our presence and our compassion known at domestic violence shelters, AIDS treatment facilities, homeless shelters, youth centers, parks, and school graduations. The same discipline and determination that allowed us to excel on the basketball court has translated into our more important mission in life.”

​That can-do attitude was shaped over a long and varied career which saw him achieve success in diverse fields and posts.  Following his retirement from basketball, Hoover worked with legendary SOLAR Records founders Don Cornelius and Dick Griffey where he was road manager for the likes of Natalie Cole and Richard Pryor; served as an anti-poverty crusader in the administration of New York City mayor John Lindsay; held senior posts at the New York State Boxing Commission; and was a long-tenured executive at the New York area grocery chain Fairway.

Through each of those iterations, he remained active in the community with a special focus on kids and those who needed help most.  Those targeted programs pervade his work today.

“We played before basketball players made big money,” said Hoover.  “So we can’t just write checks.  But that doesn’t mean the work doesn’t need to get done.  When Tiny Archibald and I went to Africa we saw a tremendous need to bring water and school supplies to villages in Mali and Somalia and wanted to help.”

He continued by saying, “Tiny told me, ‘You know we don’t have the money to do what we need to do’ and I told him, ‘I know.  But we’re going to do it anyway'.”

Visiting Africa with Mutombo

Those gathered at Herrick on June 21^st for the event called “A Night Among The Legends” will get an up-close look at the work being done in Africa as well as the dozens of active projects closer to home.  It’s the hope of all involved in the event, that, by bringing together leaders in the legal and business fields, philanthropists and the Legends, themselves, that work will move closer to completion.

“It’s an important night for us,” said Hoover.  “We have plans, we have a budget, and we need partners with that same desire to help that we have.”  Of course, the event (which will coincide with the NBA Draft) will leave plenty of time for less serious pursuits including a “Hoops Talk” panel, photos, charity auction, the Art of Paul Lempa, and plenty of time for casual networking.

Anyone interested in attending can visit THE EVENT WEBSITE HERE.

WERE YOU ABUSED BY A CLERGY MEMBER OF THE ROCKVILLE CENTRE DIOCESE? TIME TO MAKE A CLAIM IS EXTREMELY LIMITED. Local Attorney Provides a Guide to the Newly Announced Diocesan Fund

THE DEADLINE FOR PHASE 1 CLAIMS HAS BEEN EXTENDED!  PLEASE ACT IMMEDIATELY TO PROTECT YOUR ABILITY TO MAKE A CLAIM!


By Mitchell J. Birzon, Esq.

Birzon Strang and Associates

There has been much written recently about the establishment of an Independent Reconciliation and Compensation Program (IRCP) by the Diocese of Rockville Centre created specifically to compensate survivors of sexual abuse by their clergy.  That’s no surprise.  This is a big announcement as it literally gives certain victims what may be their last chance to file a claim.

However, clergy abuse, and the law and emotions that surround it, can be extremely complex and difficult to understand.  With that in mind, what follows are eight simple keys to understanding this IRCP if you, or someone you know, is a victim:

1. Time is of the essence!  The diocese announced the fund’s establishment on October 16^th and is offering a small window for victims to file a claim.  Phase 1 of the program, which began with the announcement, is open to individuals who have previously notified the diocese of abuse perpetrated against them by members of the clergy.  The deadline for those victims to file a claim - originally set at 12/31/17 - was just extended into January of 2018.  Phase II will include any person wishing to file a new claim alleging sexual abuse that was not previously reported.  The second phase will begin in early 2018 and only be open for a few months.

2. Any person – male or female - who, as a minor, was sexually abused by a bishop, priest or deacon in the diocese at any time, may be eligible to participate in the fund.  The law has previously prohibited any claims after the victim has reached the age of 23.  That restriction does NOT apply to the IRCP.  For many victims, there is no certainty that they will ever have another chance to file a claim.

3. It’s important to reject many common fallacies about this type of abuse.  Victims have been led to believe there is no abuse if sexual contact that began when they were a minor continued beyond the age of consent, or if they were “old enough to resist”, or if they otherwise gave an indication they were willing participants.  Others believe they have no claim because their abuser has left the clergy, been transferred, or died.  None of those factors excuse sexual contact of any kind before the age of 18 or disqualify a victim from this program.

4. Victims often think they are alone.  IRCPs created in neighboring dioceses have already paid hundreds of victims and this program is expected to yield similar results.  There are many, many victims.

5. In 2002, the diocese set aside $11 million for victims.  While some payments have likely been made from that fund, the IRCP should be extremely well-funded.  The diocese is undoubtedly prepared to make large payments.

6. Participating in the IRCP is every victim’s right.  However, it’s important to note that it is in no way disloyal or disrespectful to the Catholic church or the priesthood.  Remember the IRCP is a voluntary program created by the church – not by the courts.  The diocese is clear that Bishop John O. Barres is implementing this voluntary program to promote healing and continue its ongoing commitment to protect children. “As your Shepherd, I am asking all of us together to take a new and important step in the Church’s Eucharistic Mission of Mercy,” said Bishop Barres. “With this program we are making a major commitment to the ongoing healing of survivors of acts of child sexual abuse committed by clergy.”

7. Despite the fact the diocese created the program, decisions of eligibility will NOT be made by members of the clergy.  The IRCP will be administered by a group of highly respected independent arbitrators with oversight provided by an esteemed panel of lawyers, judges, and psychologists. 

8. The diocese has created a mechanism to participate through online claims.  While all victims have the right to avail themselves of that service, it is never a good idea to begin an undertaking of this importance without the representation of a lawyer specializing in similar matters.  A good lawyer will protect a victim’s rights, privacy and dignity.

The lifelong impact of clergy abuse on its victims cannot be overstated.  For many victims, the truth is very difficult to admit and confront.  This IRCP is designed to ease that process and the eight tips above will help you understand a few of its intricacies.

If you are a victim, or if you’re unsure, now is the time to contact a reputable attorney to help you through the process.

Smithtown, NY based attorney Mitchell J. Birzon is the founding partner of Birzon Strang and Associates.  A graduate of Georgetown University and the New England School of Law, Mr. Birzon served as an attorney in the U.S. House of Representatives and as senior federal legal counsel to Governor Mario M. Cuomo in Washington D.C.  He returned to his native New York for the purposes of creating a private practice which concentrates on clergy abuse, corporate, commercial, healthcare, and transactional law including mergers and acquisitions and private equity financing opportunities for upstart and existing business enterprised and healthcare practices and facilities.  For further information, contact Gina Pirozzi at gina@gpirozzi.com or Mitchell Birzon and mjbirzon@bsb-lawyers.com or 631-265-6300.

Investigations Regarding Healthcare Fraud and Abuse: A Whistleblower-fueled Uptick in Cases of Upcoding and Unbundling make for Uncertain Times for Healthcare Providers

By Mitchell J. Birzon, Esq., 

Birzon, Strang and Associates           

Not a day goes by when the Office of the Inspector General (OIG) of the US Department of Health and Human Services doesn’t issue a press release announcing their successful prosecutions of fraud and abuse investigations regarding Medicare and Medicaid.  Aside from the more commonplace matters involving medical practitioners having billed for services that were never performed, there are a spate of investigations involving upcoding and billing separately for services that should have been billed as a single service (connotatively known as “unbundling”).  Much of this activity is spurred by the fact that whistleblowers have become increasingly efficient “agents” of the government pursuant to The Federal False Claim Act, 31 USC Sec 3729-3733.

The enactment of The Affordable Care Act (ACA) brought with it additional funding, significant technology and other resources to more aggressively identify and prosecute healthcare fraud; both civilly and criminally. For instance, algorithms can readily identify practitioners that seemingly oversubscribe medication or diagnostic service orders based upon geographical and other statistical databases maintained by the Centers for Medicare and Medicaid Services (CMS). Historically government investigations and prosecutions of healthcare fraud involved only matters where the government was the actual payor for the services at issue.  However, it was anticipated that “test cases” would be commenced by the Department of Justice against beneficiaries of private insurer payments under the argument that coverage provided through the exchanges created pursuant to the ACA included providers subject to the ACA and its enacted rules and regulations.

At the federal level most fraud investigations are led by the OIG, the FBI, the DOJ and state Medicaid Fraud Control Units (of which 29 states, including New York, have created) which often join in the investigatory and prosecutorial process. Not surprisingly, a significant percentage of cases that are successfully prosecuted are borne from complaints filed by whistleblowers.  These insiders often have the most intimate knowledge of the fraud and how it was perpetrated upon the government. The Federal False Claims Act, and most state whistleblower statutes, allow for the whistleblower(s) to receive between 15-25 percent of the government’s recovery. (see 31 USC 3730 (5)d).  As an example, The Health Care Company, HCA paid a total of $151 million to whistleblowers as a result of HCA’s admission that it engaged in extensive physician kickbacks and the submission of fraudulent reports.    

The initiation of an audit or investigation can be brought to a practitioner’s attention in a variety of ways. For example, a notice from CMS or a CMS contractor may inform a practitioner that they are already being investigated and that their claims are being subjected to a review by CMS or a designated contractor before any payments are made. This designation is known as “pre-payment review” and may result in innocent practices having their Medicare payments delayed for 3-6 months.

Very often the small or mid-size healthcare practice that finds itself caught in the ever-expanding web of the regulatory jungle was unaware of the requirement to enact a compliance program.  In reality, that requirement is not new or a recent mandate. The requirement for a comprehensive compliance program transitioned from voluntary to mandatory in the Patient Protection and Affordable Care Act (PPACA) in 2010.  

To be compliant with this requirement, I advise my clients to make certain that their program conforms to the specific recommendations issued by OIG. When a practice takes the time and makes the financial commitment to adopt and fully implement a quality compliance program, it has the effect of identifying or correcting inadvertent fraud and further sends a strong message to the government that the client has made all efforts to "do the right thing”; something that the government may take into account when deciding whether to bring criminal charges in addition to civil claims against the healthcare provider.

Healthcare fraud and abuse is an area of the law which is evolving steadily and it is extremely important that every practice, large or small, is on solid footing regarding compliance.  The best way to ensure compliance is to consult an attorney who concentrates on Healthcare Fraud and Abuse.  There is never a good reason for a medical professional who is the subject of a Medicare, Medicaid, or private payor fraud investigation - no matter how routine it may appear to be - to proceed without counsel.  There is simply far too much at stake, and the extent of the risk is never clear when an investigation first rears its head.

Smithtown, NY based attorney Mitchell J. Birzon is the founding partner of Birzon, Strang and Associates.  A graduate of Georgetown University and the New England School of Law, Mr. Birzon, served as an attorney in the U.S. House of Representatives and a senior federal legal counsel  to New York Governor Mario M. Cuomo in Washington D.C.  He returned to his native New York for the purposes of creating a private practice which concentrates on corporate, commercial, healthcare, and transactional law including mergers and acquisitions and private equity financing opportunities for upstart and existing business enterprises and healthcare practices and facilities.  For further information, contact Gina Pirozzi at gina@gpirozzi.com, or Mitchell Birzon at mjbirzon@bsb-lawyers.com or 631-265-6300