NY lawyers: Affair with boss led to inside trades
Ethics
Lawyers for a woman blamed by an insider trading co-defendant for using pillow talk to get inside secrets faulted her boss on Monday, saying he bullied her during a 20-year affair to make her get illegal secrets for him.
The lawyers, seeking leniency for Danielle Chiesi, wrote in a submission to a federal judge in Manhattan that Chiesi was manipulated by her boss, Mark Kurland, for nearly two decades as he carried on the affair, which began when he was 40 years old and she was 22.
Chiesi, now 45, pleaded guilty in January to conspiracy and securities fraud charges, and her voice was heard frequently on audio tapes played last month at the trial of her friend Raj Rajaratnam, a one-time billionaire hedge fund founder awaiting sentencing in what prosecutors say is the biggest case ever to result from hedge fund insider trading. The conviction of three more defendants by a jury Monday means all of more than two dozen people arrested in the case have been convicted.
Chiesi's lawyers asked a judge to reject the government's request that Chiesi be sentenced to three to four years in prison, saying she is less culpable than Kurland, who already has been sentenced to two years and three months behind bars.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.