Fraud trial of George Santos to begin next month with an anonymous jury
Legal Events
The fraud trial against former U.S. Rep. George Santos, slated to start in a matter of weeks, is coming into focus after a federal judge ruled Tuesday that jurors will have their identities kept secret from the public.
They won’t, however, be required to fill out a written questionnaire gauging their opinions of Santos when they arrive for jury selection Sept. 9, as his lawyers had requested.
Judge Joanna Seybert said during a brief hearing in federal court on Long Island that she agreed with the government’s assessment that a questionnaire would only bog the proceedings down.
She said questioning each potential juror in person would allow her and both sides to ask more varied and probing questions to elicit more truthful responses.
Prosecutors told the judge the trial could last three weeks because they expect to call at least three dozen witnesses, including some victims of Santos’ alleged crimes.
Santos has pleaded not guilty to a range of financial crimes, including lying to Congress about his wealth, collecting unemployment benefits while actually working, and using campaign contributions to pay for personal expenses such as designer clothing.
Seybert urged both sides to work together to “streamline” the proceedings where possible.
“Make me hopeful. Seriously,” she said. “Sit down and discuss what is absolutely necessary.”
Santos, who was dressed in a blue suit, declined to speak with reporters outside the courthouse after the hearing, the last expected before the trial.
But when asked whether he believed his client could receive a fair trial, Santos’ lawyer Robert Fantone said, “I think we’re going to be alright.”
In court, Santos’ lawyers pushed back at claims prosecutors made in prior legal filings that they’re not participating fully in the required pretrial document-sharing process known as discovery.
Prosecutors this month said they’ve turned over more than 1.3 million pages of records, while defense lawyers have produced just five pages. But when pressed by the judge, Santos’ lawyers maintained that they’ve turned over every document in their possession.
“We’re not stonewalling,” said Joe Murray, another Santos lawyer. “Trial by ambush is not how I operate.”
The New York Republican’s lawyers had argued in recent court filings that a questionnaire addressing potential jurors’ “knowledge, beliefs, and preconceptions” was needed because of the extensive negative media coverage surrounding Santos, who was expelled from Congress in December after an ethics investigation found “overwhelming evidence” he had broken the law and exploited his public position for his own profit.
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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.