Information and investigations go hand in hand. Whatever you investigate, whether it’s insurance fraud; where that priceless, uninsured, artwork went after two rogues in police clothing strolled in late one night and took it from Boston’s Gardner Museum; or who the one-armed man really was; you need information, lots of information, to figure it out. But does information always help?
When you investigate insurance fraud, you need information to confirm coverage for a given claim; to determine whether the claim really happened the way the insured said; to establish whether the insured submitted a fraudulent and/or exaggerated claim. You take his recorded statement and examination under oath. You interview witnesses and get corroborating documents. You get … information.
Can you ever have too much information, though? Can an investigator, in effect, be buried in an avalanche of so many facts, have so much information, that she doesn’t know what she has and misses the answer? At least according to an article in Thursday’s Wall Street Journal, the answer is an emphatic yes.
The article, on the front page of the December 26, 2013 Wall Street Journal, is about the NSA. Yes, it mentions Edward Snowden, but it really isn’t about him. It features William Binney, a former NSA analyst who’s been retired for a dozen years. It really is about Mr. Binney’s claims that the NSA’s spying, the collection of all the metadata, the who-to’s and the where-froms, of all of the calls of all of the people the NSA is supposedly collecting, hurts more than helps. Not that it hurts me or you directly, but that it hurts the NSA itself and keeps it from completing its mission: tracking down the bad guys and preventing terrorist attacks.
The most telling line in the whole story is when it eloquently sums up Mr. Binney’s complaints about the NSA: “It knows so much, he says, that it can’t understand what it has.” And that, to put it mildly, can be a problem. Any votes on what would be worse: not being able to figure it out because you don’t know enough or because you know too much but don’t realize what you have? It seems like a tie: either way you lose; you still don’t have the answer.
Continue reading
New York Business Lawyer Blog


Our last post was about how sometimes it’s easier to
Lying and Insurance Fraud go together. Cheat, steal, get caught, admit it; which one doesn’t belong? Better yet, be honest when you cheat. No, that doesn’t work either. Most every time someone tries to get away with something he shouldn’t, chances are he’s going to lie about it somewhere along the line. Investigators need to know how to ask questions, elicit answers, and get at the truth; so, chances are, they should all know a good lie when they hear one.
If you ever wondered what money can make people do, all you have to do is look in the news and you’ll see it, even in the most unlikely places. The last time, we spoke about
There are a few things, when you look around today, that most people probably can agree on: Auto theft is a large problem; Insurance Fraud is a large problem; and both involve a lot of money. Neither is going to go away anytime soon; not in New York; not in the U.S.; and not anywhere else you can think of where money speaks louder than words. A recent news story brought this home in a big way.
Vacating a default judgement in New York, as we have
We’ve spent a decent amount of time discussing how lawyers try to
Summary judgement motions in New York are strange things. When used in the right way they can bring long, arduous litigation to an end merely by submitting papers to the court, without the need to call messy witnesses, susceptible to skillful cross-examination, to trial to be judged by a jury. They can be a lawyer’s best friend, or worst enemy. A lot depends upon the approach a lawyer takes towards them. They can take the place of a trial but how you approach them should be much like a trial. The actual motion depends upon the facts and circumstances of the particular case. There is an acronym that sums it up, one I often say to myself: KISS (as in: keep it simple, stupid). There’s also an apt idiom: break it down. Like a trial, it’s important to stay focused and to keep the decision makers focused on what you believe is important; because you have to give them a reason to rule in your client’s favor.
How do you prepare a witness to testify at trial? That seems like a fair question; but what’s the best way to do it? It seems like there are as many different answers as there are people to answer it.
Trying cases in New York is fun; not the everyday let’s have a good laugh fun, but an exhilarating, team play, goal accomplished, touchdown, kind of fun. Dealing with jurors is a big part of the job: selecting them; persuading them; deferring to their decisions. Trial work and jurors: you can’t have one without the other.