The CANJ, headquartered in Vineland, New Jersey, alleges:
- DIFD mass mails form letters that claim the practitioner has submitted a claim to an insurance company in violation of a New Jersey statute;
- the specifics of the violation is never stated;
- form letter offers the practitioner an opportunity to settle ($2,500-5,000) by signing an attached consent agreement, returning it with the money, otherwise action will be taken and licensing board notified;
- fasily notifies "Dr. X" that DIFD is engaged in an investigation not targeted at him. Dr. X is then asked to send confidential patient records and appears without lawyer for informal meeting, where Dr. X is accused of unspecified misconduct. Immediate settlement is offered by DIFD if Dr. X agrees to pay half of maximum fine. If DIDF is payed, they agree to testify on Dr. X's behalf, otherwise the will contact licensing board.
- In 1992, DIFD admitted to extracting fines from 300 of the state's 1,500 DCs;
The counts against the DIFD include:
- racketeering conspiracy, under the Racketeer Influenced and Corrupt Organization Act (RICO);
- using interstate mail and wires to perpetrate extoriton scheme;
- violation of the Hobbs Act (interference with commerce by threats or violence);
- violating Plaintiff's constitutioanl rights under the fifth and fourteenth amendments;
The plaintiffs are seeking:
- permanent injuction prohibiting defendants from engaging in the extoriton scheme;
- damages in an amount equal to monies paid by plaintiff's, trebled as provided by law;
- declaratory judgment that DIFD violated plaintiff's constitutional rights uner the fifth and fourteenth amendments;
- Judgment voiding all settlement and payout agreements;
- costs and attorneys fees;
- further relief as court deems fit.
Attorneys for the plaintiffs are Richard Jaffee, a Houston lawyer, and Newark, New Jersey lawyer Edward Hochman.
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