Edward J. Kuriansky, as Deputy Attorney-General for Medicaid Fraud Control, et al., Plaintiffs,
v.
Professional Care, Inc., et al., Defendants, and Third-Party Plaintiffs. Barbara Goldstein et al., Third-Party Defendants.
Morvillo, Abramowitz & Grand, P. C. (Elkan Abramowitz and Eric D. Bernstein of counsel), and Breslow & Walker for Professional Care, Inc., defendant and third-party plaintiff. Connors & Vilardo for Israel Cohen and another, defendants. E. Stewart Jones for Martin Weissman and another, defendants. Edward J. Kuriansky, pro se, and Arthur A. Munisteri and Jacqueline E. Berkowitz for Edward J. Kuriansky and another, plaintiffs.
Supreme Court, Albany County.
JOSEPH HARRIS, J.
In United States v Halper (490 U.S. 435 [decided May 15, 1989]), the United States Supreme Court held that a civil penalty for filing a false claim with the Government, after criminal conviction and punishment for the same act, violated the prohibition against double jeopardy where the amount of the civil penalty bore no rational relation to the Government...
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