Runners In The Third Degree

A one-year suspension has been imposed by the New Jersey Supreme Court for a conviction described in the recommendation of the Disciplinary Review Board

On January 27, 2016, before the Honorable Peter V. Ryan, J.S.C., respondent entered a guilty plea, via an accusation, to third-degree criminal use of runners, in violation of N.J.S.A. 2C:21-22.1(b). During his plea allocution before the court, respondent admitted that, from 2010 to 2015, Philip Potacco, a doctor and former client, referred cases to him through the illegal use of runners. Respondent would pay the runners, many of whom had been sourced by Potacco, fees ranging from $100 to $800, in return for clients from South Orange Trauma and Rehab, LLC. Potacco identified the amount of the fee respondent was to pay each runner and provided him with the medical reports for each patient referred. Those medical reports usually were written by a doctor other than Potacco, and respondent did not know whether the reports were genuine or fraudulent. Respondent paid the runners a fee only if he obtained a monetary recovery in their associated case.

There was a second plea

On January 13, 2017, almost one year after his first guilty plea, and once again before Judge Ryan, respondent entered a second guilty plea, via an accusation, to third-degree criminal use of runners, in respect of the Park Avenue Chiropractic case. During his plea allocution before the court, respondent admitted that, between 2010 and 2015, he paid Park Avenue Chiropractic to refer cases to him, through the use of approximately thirty runners. Respondent would pay the runners a fee of $300 to bring him clients from Park Avenue Chiropractic and had paid approximately $9,000 for the referrals. Respondent further admitted that his criminal conduct in respect of Park Avenue Chiropractic occurred contemporaneously with his illegal use of runners for South Orange Trauma and Rehab, LLC cases.

The Office of Attorney Ethics had sought an 18-month suspension. (Mike Frisch)