Preview
FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015
NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024
Exhibit (B)
FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015
NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024
FILED: INDEX NO.Law808135/2015
Firm Rosicki, ...
3/18/24, 12:37 ERIE COUNTY
Southem DistrictCLERK
of New York 03/19/2024
| Manhattan U.S. Attorney 05:19 PM Of Civil Fraud Claims
AM Announces Settlement Against
NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024
PRESS RELEASE
Manhattan U.S. Attorney
Announces
Settlement Of Civil Fraud Claims
Against Law Firm Rosicki, Rosicki &
Associates, P.C.,
And Two Affiliates For
Foreclosure- Eviction-
Inflating
And
Related Expenses
Tuesday, December 4, 2018 For Immediate Release
U.S. Attorney's Office, Southern District
of New York
Defendants Admit and Accept Responsibility for Their Conduct and Witt
Pay More Than $6 MitLion in Total to Resolve Claims
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Laura
Wertheimer, Inspector General for the Federal Housing Finance Agency Office of Inspector
General ("FHFA-OlG"), and Michael J. Missal, Inspector General for the U.S. Department of
Veterans Affairs ("VA") Office of Inspector General ("VA-OIG"), announced today the settlement
of a civil fraud lawsuit against New York law firm Rosicki, Rosicki & Associates, P.C. ("ROSICKI")
and its wholly owned affiliates, Enterprise Process Service, Inc. ("ENTERPRISE") and Paramount
States'
Land, Inc. ("PARAMOUNT"). The settlement resolves the United claims, asserted under
https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-settlement-civil-fraud-claims-against-law-firm-rosicki 1/5
3/18/24, 12:37 AM
FILED: Southern District CLERK
ERIE COUNTY of New York I 03/19/2024
Manhattan U.S. Attorney Announces
05:19Settlement
PM INDEX
Of Civil Fraud Claims AgainstNO.
Law 808135/2015
Firm Rosicki, ...
NYSCEF
the DOC. NO.
False Claims 307 Act, alleging that ROSICKI used its affiliates,
RECEIVED
ENTERPRISE and NYSCEF: 03/19/2024
PARAMOUNT,
to systematically generate false and inflated bills for foreclosure-related and eviction-related
expenses, and caused those expenses to be submitted to and paid for by the Federal National
Mortgage Association, known colloquially as Fannie Mae. The settlement also resolves claims
arising from identical misconduct in connection with eviction-related expenses that were
submitted to and paid for by the VA. As part of the settlement approved by U.S. District Judge
Jed S. Rakoff, ROSICKI, ENTERPRISE, and PARAMOUNT admitted and accepted responsibility
for their conduct and must pay $4.6 million to the United States. The settlement also requires
ROSICKI to implement a compliance program with regular reporting over the next five years,
and to publicly disclose the nature of its affiliation with ENTERPRISE and PARAMOUNT on its
website.
Manhattan U.S. Attorney Geoffrey S. Berman said: "Lawyers are not above the law. For years,
the Rosicki firm submitted bills to Fannie Mae and the VA that contained inflated and
unnecessary charges. This Office will continue to hold accountable those who seek to achieve
conduct."
profits by fraudulent
FHFA-OlG Inspector General Wertheimer said: "FHFA is committed to holding accountable
those who waste, steal, or abuse the resources of FHFA or any of the entities it regulates. We
Attorneys'
work with U.S. Offices across the country to protect the interests of the American
taxpayers in the housing government-sponsored enterprises and are proud to have partnered
matter."
with the U.S. Attorney's Office for the Southern District of New York on this
VA-OIG Inspector General Michael J. Missal said: "This civil settlement should send a clear
message to individuals and businesses that VA-OlG and its law enforcement partners will
vigorously investigate and expose false claims that fraudulently impact programs designed to
families."
benefit our veterans and their
ROSICKI is a New York law firm whose main practice area is mortgage foreclosures. The two
ROSICKI partners also own a number of affiliated entities, including ENTERPRISE, a
founding
service-of-process company, and PARAMOUNT, a title search company. Fannie Mae approved
ROSICKI to perform legal work in connection with foreclosures on residential properties for
which Fannie Mae owned the mortgage loans. Fannie Mae's Servicing Guide required, among
necessary,"
other things, that all foreclosure costs and expenses be "actual, reasonable, and
and that foreclosure law firms "must make every effort to reduce foreclosure-related costs and
laws."
expenses in a manner that is consistent with all applicable ROSICKI understood those
requirements and represented at various times that the firm was complying with them.
In fact, as ROSICKl, ENTERPRISE, and PARAMOUNT have admitted, from 2009 through 2018,
on certain invoices for service of process (i.e., delivery or attempted delivery of legal papers) in
connection with foreclosures or evictions, ENTERPRISE added additional charges to the costs
charged independent contractors and otherwise took actions that increased costs and
by
https://www.justice.gov/usao-sdny/pr/manhattan-us-attomey-announces-settlement-civil-fraud-claims-against-law-firm-rosicki 2/5
FILED:
3/18/24, 12:37ERIE
AM COUNTY CLERK
Southem District of New York03/19/2024
| Manhattan U.S. Attorney05:19 PM
Announces Settlement INDEX
Of Civil Fraud Claims NO.Law
Against 808135/2015
Firm Rosicki, ...
NYSCEF DOC. NO. 307
expenses. on certain invoices for foreclosure searches and
RECEIVED
title
NYSCEF: 03/19/2024
Similarly, continuations,
PARAMOUNT added additional charges to the costs charged by independent contractors and
otherwise took actions that increased costs and expenses. ROSICKI submitted those costs and
expenses for payment, with the understanding that Fannie Mae would reimburse for them.
The settlement also resolves identical conduct by ROSICKl, ENTERPRISE, and PARAMOUNT
pertaining to expenses attendant to evictions that ultimately were paid by the VA.
This case arose from a lawsuit filed by a whistleblower under the False Claims Act. In March of
this year, the United States intervened in the case and took over prosecution of some of the
claims that the whistleblower asserted. In a separate settlement agreement, ROSICKl,
ENTERPRISE, and PARAMOUNT agreed to pay the United States an additional $1,518,000 to
resolve separate False Claims Act claims pursued by the whistleblower, resulting in a total
recovery to the United States of $6,118,000.
* * *
Mr. Berman thanked the FHFA-OlG and VA-OlG for their efforts and support and
ongoing
assistance with the case.
The case is being handled by the Office's Civil Division. Assistant U.S. Attorneys Cristy Irvin
Phillips, Andrew E. Krause, and Joseph N. Cordaro are in charge of the case.
Updated December 4, 2018
Attachment
U.s. v. rosicki ronicki assoc. settlement stipulation and order.pdf [PDF, 471 KB]
Topic
FALSE CLAIMS ACT
Component
USAQ -New York, Southern
Press Release Number: 18-424
https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-settlement-civil-fraud-claims-against-law-firm-rosicki 3/5
3/18/24, 12:37 AM Southern District of New York | Manhattan U.S. Attorney Announces Settlement INDEX
Of Civil Fraud Claims NO.Law808135/2015
FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM Against Firm Rosicki, ...
NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024
Related Content
PRESS RELEASE
United States Reaches Settlement Of Law Enforcement, Tax, And
Healthcare Cost Claims In Endo International Case
Bankruptcy
Damian Williams, the United States for the Southern District of New
Attorney York; Brian M.
Boynton, the Principal Deputy Assistant Attorney General and head of the Department of
Justice's Civil...
February 29, 2024
PRESS RELEASE
U.S.
Attorney Announces $25.5 Million Settlement With Durable
Medical Equipment Supplier Lincare Inc. For Fraudulent Billing
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Damian Williams, the United States Attorney for the Southern District of New York; Naomi
Gruchacz, the Special Agent in Charge of the New York Regional Office of the U.S.
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February 15, 2024
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U.S. Settles Lawsuit Alleging That Investment Firm Fraudulently
Obtained Payments From The Madoff Victim Fund
Damian Williams, the United States Attorney for the Southern District of New York, and
Richard C. Breeden, Special Master of the Madoff Victim Fund ("MVF"), announced today that
https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-settlement-civil-fraud-claims-against-law-firm-rosicki 4/5
3/18/24, 12:37ERIE
FILED: AM Southern DistrictCLERK
COUNTY of New York 03/19/2024
| Manhattan U.S. Attorney 05:19
Announces Settlement
PM INDEX
Of Civil Fraud Claims NO.Law808135/2015
Against Firm Rosicki, ...
NYSCEF DOC.
the NO. 307
United... RECEIVED NYSCEF: 03/19/2024
September 29, 2023
E3 Southern District of New York
26 Federal Plaza, 37th Floor
New York, NY 10278
Main Office & Criminal Division: 637-
(212)
2200
https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-settlement-civil-fraud-claims-against-law-firm-rosicki 5/5
FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015
NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024
FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015
NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:12-cy-07199-JSR
UNITED STATES OF AMERICA ex rel. PETER D. Date Filed: 09/24/2012
GRUBEA v. ROSICKI, ROSICKI & ASSOCIATES, Date Terminated: 04/07/2021
P.C., et al. Jury Demand: Plaintiff
Assigned to: Judge Jed S. Rakoff Nature of Suit: 375 Other Statutes:
Cause: 31:3729 False Claims Act False Claims Act
Jurisdiction: Federal Question
Plaintiff
ABC
TERMINATED: 03/27/2018
Plaintiff
UNITED STATES OF represented by Cristine Irvin Phillips
AMERICA United States Attorney Office, SDNY
86 Chambers Street
3rd Floor
New York, NY 10007
(212) 637-2696
Fax: (212) 637-2702
Email: cristine.phillips@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Joseph Nicholas Cordaro
U.S. Attorney's Office, SDNY
86 Chambers Street
New York, NY 10007
(212) 637-2745
Fax: (212) 637-2686
Email: Joseph.Cordaro@usdoj.gov
ATTORNEY TO BE NOTICED
Lauren Almquist Lively
United States Attorney's Office SDNY
86 Chambers St.
New York, NY 10007
212-637-2689
Fax: 212-637-2686
Email: Lauren.Lively@usdoj.gov
ATTORNEY TO BE NOTICED
1
FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015
NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024
Andrew Edward Krause
United States Attorney's Office, SDNY
86 Chambers Street, 3rd Floor
New York, NY 10007
(212) 637-2769
Fax: (212) 637-2786
Email: andrew.krause@usdoj.gov
ATTORNEY TO BE NOTICED
Plaintiff
ex rel. PETER D. GRUBEA represented by Brian Marc Feldman
TERMINATED: 08/15/2019 Harter, Secrest & Emery, LLP(ROCH)
1600 Bausch & Lomb Place
Rochester, NY 14604
(585)-232-6500
Fax: (585)-232-2152
Email: brian.feldman@aurelianlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Carol E. Heckman
Harter,Secrest & Emery, LLP (Bflo)
50 Fountain Plaza, Suite 1000
Buffalo, NY 14202
(716) 853-1616
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Arun Srinivas Subramanian
Susman Godfrey LLP (NYC)
1301 Avenue of the Americas, 32nd
Floor
New York, NY 10019
212-471-8346
Fax: 212-336-8340
Email:
asubramanian@susmangodfrey.com
ATTORNEY TO BE NOTICED
Cory Spencer Buland
Susman Godfrey LLP (NYC)
1301 Avenue of the Americas, 32nd
Floor
New York, NY 10019
212-336-8330
2
FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015
NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024
Fax: 212-336-8340
Email: cbuland@susmangodfrey.com
ATTORNEY TO BE NOTICED
Jacob W Buchdahl
Susman Godfrey LLP (NYC)
1301 Avenue of the Americas, 32nd
Floor
New York, NY 10019
(212) 336-8330
Fax: (212) 336-8340
Email: jbuchdahl@susmangodfrey.com
ATTORNEY TO BE NOTICED
Kathryn P. Hoek
Susman Godfrey LLP (CA)
1900 Avenue of The Stars, Suite 1400
Los Angeles, CA 90067
(310)-789-3132
Fax: (310)-789-3150
Email: khoek@susmangodfrey.com
ATTORNEY TO BE NOTICED
William R. H. Merrill
Susman Godfrey LLP (TX)
. 1000 Louisiana Street
Suite 5100
Houston, TX 77002
(713)-651-9366
Fax: (713)-654-6666
Email: bmerrill@susmangodfrey.com
ATTORNEY TO BE NOTICED
Zachary B. Savage
Susman Godfrey LLP (NYC)
1301 Avenue of the Americas, 32nd
Floor
New York, NY 10019
(212)-471-8358
Email: ZSavage@susmangodfrey.com
ATTORNEY TO BE NOTICED
V.
Movant
3
FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015
NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024
Mark Goldsmith represented Mark Goldsmith
by
Jakubowski, Robertson, Maffei,
Goldsmith & Tartaglia, LLP
969 JERICHO TURNPIKE
SAINT JAMES, NY 11780
United Sta
6313600400
Email:
mgoldsmith@jrmgtattorneys.com
PRO SE
Morant
Alstate Process Service, represented Mark Goldsmith
by
Allcounty Legal Support Jakubowitz & LLP
Chuang
3019 Avenue J
Brooklyn, NY 11210
(631)-360-0400
Fax: (631)-589-9300
Email:
mgoldsmith@jrmgtattorneys.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Morant
ProVest LLC represented by Michael Ya'Akov Kieval
Weiner Brodsky Kider PC
1300 19th Street, Nw, 5th Floor
Washington, DC 20036
(202)628-2000
Fax: (202)-628-2011
Email: kieval@thewbkfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
DEF
TERMINATED: 03/27/2018
Defendant
Rosicki, Rosicki & Associates, represented by Daniel James Horwitz
P.C. McLaughlin and Stern, LLP
TERMINATED: 12/04/2018 260 Madison Ave
New York, NY 10016
4
FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015
NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024
212-448-1100
Fax: 212-448-0066
Email: dhorwitz@melaughlinstern.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan Robert Jeremias
McLaughlin & Stern, LLP
260 Madison Avenue
New York, NY 10016
(212) 448-1100
Fax: (212) 448-6273
Email: jjeremias@melaughlinstern.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tracy
Preview
FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015 NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024 Exhibit (B) FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015 NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024 FILED: INDEX NO.Law808135/2015 Firm Rosicki, ... 3/18/24, 12:37 ERIE COUNTY Southem DistrictCLERK of New York 03/19/2024 | Manhattan U.S. Attorney 05:19 PM Of Civil Fraud Claims AM Announces Settlement Against NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024 PRESS RELEASE Manhattan U.S. Attorney Announces Settlement Of Civil Fraud Claims Against Law Firm Rosicki, Rosicki & Associates, P.C., And Two Affiliates For Foreclosure- Eviction- Inflating And Related Expenses Tuesday, December 4, 2018 For Immediate Release U.S. Attorney's Office, Southern District of New York Defendants Admit and Accept Responsibility for Their Conduct and Witt Pay More Than $6 MitLion in Total to Resolve Claims Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Laura Wertheimer, Inspector General for the Federal Housing Finance Agency Office of Inspector General ("FHFA-OlG"), and Michael J. Missal, Inspector General for the U.S. Department of Veterans Affairs ("VA") Office of Inspector General ("VA-OIG"), announced today the settlement of a civil fraud lawsuit against New York law firm Rosicki, Rosicki & Associates, P.C. ("ROSICKI") and its wholly owned affiliates, Enterprise Process Service, Inc. ("ENTERPRISE") and Paramount States' Land, Inc. ("PARAMOUNT"). The settlement resolves the United claims, asserted under https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-settlement-civil-fraud-claims-against-law-firm-rosicki 1/5 3/18/24, 12:37 AM FILED: Southern District CLERK ERIE COUNTY of New York I 03/19/2024 Manhattan U.S. Attorney Announces 05:19Settlement PM INDEX Of Civil Fraud Claims AgainstNO. Law 808135/2015 Firm Rosicki, ... NYSCEF the DOC. NO. False Claims 307 Act, alleging that ROSICKI used its affiliates, RECEIVED ENTERPRISE and NYSCEF: 03/19/2024 PARAMOUNT, to systematically generate false and inflated bills for foreclosure-related and eviction-related expenses, and caused those expenses to be submitted to and paid for by the Federal National Mortgage Association, known colloquially as Fannie Mae. The settlement also resolves claims arising from identical misconduct in connection with eviction-related expenses that were submitted to and paid for by the VA. As part of the settlement approved by U.S. District Judge Jed S. Rakoff, ROSICKI, ENTERPRISE, and PARAMOUNT admitted and accepted responsibility for their conduct and must pay $4.6 million to the United States. The settlement also requires ROSICKI to implement a compliance program with regular reporting over the next five years, and to publicly disclose the nature of its affiliation with ENTERPRISE and PARAMOUNT on its website. Manhattan U.S. Attorney Geoffrey S. Berman said: "Lawyers are not above the law. For years, the Rosicki firm submitted bills to Fannie Mae and the VA that contained inflated and unnecessary charges. This Office will continue to hold accountable those who seek to achieve conduct." profits by fraudulent FHFA-OlG Inspector General Wertheimer said: "FHFA is committed to holding accountable those who waste, steal, or abuse the resources of FHFA or any of the entities it regulates. We Attorneys' work with U.S. Offices across the country to protect the interests of the American taxpayers in the housing government-sponsored enterprises and are proud to have partnered matter." with the U.S. Attorney's Office for the Southern District of New York on this VA-OIG Inspector General Michael J. Missal said: "This civil settlement should send a clear message to individuals and businesses that VA-OlG and its law enforcement partners will vigorously investigate and expose false claims that fraudulently impact programs designed to families." benefit our veterans and their ROSICKI is a New York law firm whose main practice area is mortgage foreclosures. The two ROSICKI partners also own a number of affiliated entities, including ENTERPRISE, a founding service-of-process company, and PARAMOUNT, a title search company. Fannie Mae approved ROSICKI to perform legal work in connection with foreclosures on residential properties for which Fannie Mae owned the mortgage loans. Fannie Mae's Servicing Guide required, among necessary," other things, that all foreclosure costs and expenses be "actual, reasonable, and and that foreclosure law firms "must make every effort to reduce foreclosure-related costs and laws." expenses in a manner that is consistent with all applicable ROSICKI understood those requirements and represented at various times that the firm was complying with them. In fact, as ROSICKl, ENTERPRISE, and PARAMOUNT have admitted, from 2009 through 2018, on certain invoices for service of process (i.e., delivery or attempted delivery of legal papers) in connection with foreclosures or evictions, ENTERPRISE added additional charges to the costs charged independent contractors and otherwise took actions that increased costs and by https://www.justice.gov/usao-sdny/pr/manhattan-us-attomey-announces-settlement-civil-fraud-claims-against-law-firm-rosicki 2/5 FILED: 3/18/24, 12:37ERIE AM COUNTY CLERK Southem District of New York03/19/2024 | Manhattan U.S. Attorney05:19 PM Announces Settlement INDEX Of Civil Fraud Claims NO.Law Against 808135/2015 Firm Rosicki, ... NYSCEF DOC. NO. 307 expenses. on certain invoices for foreclosure searches and RECEIVED title NYSCEF: 03/19/2024 Similarly, continuations, PARAMOUNT added additional charges to the costs charged by independent contractors and otherwise took actions that increased costs and expenses. ROSICKI submitted those costs and expenses for payment, with the understanding that Fannie Mae would reimburse for them. The settlement also resolves identical conduct by ROSICKl, ENTERPRISE, and PARAMOUNT pertaining to expenses attendant to evictions that ultimately were paid by the VA. This case arose from a lawsuit filed by a whistleblower under the False Claims Act. In March of this year, the United States intervened in the case and took over prosecution of some of the claims that the whistleblower asserted. In a separate settlement agreement, ROSICKl, ENTERPRISE, and PARAMOUNT agreed to pay the United States an additional $1,518,000 to resolve separate False Claims Act claims pursued by the whistleblower, resulting in a total recovery to the United States of $6,118,000. * * * Mr. Berman thanked the FHFA-OlG and VA-OlG for their efforts and support and ongoing assistance with the case. The case is being handled by the Office's Civil Division. Assistant U.S. Attorneys Cristy Irvin Phillips, Andrew E. Krause, and Joseph N. Cordaro are in charge of the case. Updated December 4, 2018 Attachment U.s. v. rosicki ronicki assoc. settlement stipulation and order.pdf [PDF, 471 KB] Topic FALSE CLAIMS ACT Component USAQ -New York, Southern Press Release Number: 18-424 https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-settlement-civil-fraud-claims-against-law-firm-rosicki 3/5 3/18/24, 12:37 AM Southern District of New York | Manhattan U.S. Attorney Announces Settlement INDEX Of Civil Fraud Claims NO.Law808135/2015 FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM Against Firm Rosicki, ... NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024 Related Content PRESS RELEASE United States Reaches Settlement Of Law Enforcement, Tax, And Healthcare Cost Claims In Endo International Case Bankruptcy Damian Williams, the United States for the Southern District of New Attorney York; Brian M. Boynton, the Principal Deputy Assistant Attorney General and head of the Department of Justice's Civil... February 29, 2024 PRESS RELEASE U.S. Attorney Announces $25.5 Million Settlement With Durable Medical Equipment Supplier Lincare Inc. For Fraudulent Billing Practices Damian Williams, the United States Attorney for the Southern District of New York; Naomi Gruchacz, the Special Agent in Charge of the New York Regional Office of the U.S. Department... February 15, 2024 PRESS RELEASE U.S. Settles Lawsuit Alleging That Investment Firm Fraudulently Obtained Payments From The Madoff Victim Fund Damian Williams, the United States Attorney for the Southern District of New York, and Richard C. Breeden, Special Master of the Madoff Victim Fund ("MVF"), announced today that https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-settlement-civil-fraud-claims-against-law-firm-rosicki 4/5 3/18/24, 12:37ERIE FILED: AM Southern DistrictCLERK COUNTY of New York 03/19/2024 | Manhattan U.S. Attorney 05:19 Announces Settlement PM INDEX Of Civil Fraud Claims NO.Law808135/2015 Against Firm Rosicki, ... NYSCEF DOC. the NO. 307 United... RECEIVED NYSCEF: 03/19/2024 September 29, 2023 E3 Southern District of New York 26 Federal Plaza, 37th Floor New York, NY 10278 Main Office & Criminal Division: 637- (212) 2200 https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-settlement-civil-fraud-claims-against-law-firm-rosicki 5/5 FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015 NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024 FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015 NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:12-cy-07199-JSR UNITED STATES OF AMERICA ex rel. PETER D. Date Filed: 09/24/2012 GRUBEA v. ROSICKI, ROSICKI & ASSOCIATES, Date Terminated: 04/07/2021 P.C., et al. Jury Demand: Plaintiff Assigned to: Judge Jed S. Rakoff Nature of Suit: 375 Other Statutes: Cause: 31:3729 False Claims Act False Claims Act Jurisdiction: Federal Question Plaintiff ABC TERMINATED: 03/27/2018 Plaintiff UNITED STATES OF represented by Cristine Irvin Phillips AMERICA United States Attorney Office, SDNY 86 Chambers Street 3rd Floor New York, NY 10007 (212) 637-2696 Fax: (212) 637-2702 Email: cristine.phillips@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Joseph Nicholas Cordaro U.S. Attorney's Office, SDNY 86 Chambers Street New York, NY 10007 (212) 637-2745 Fax: (212) 637-2686 Email: Joseph.Cordaro@usdoj.gov ATTORNEY TO BE NOTICED Lauren Almquist Lively United States Attorney's Office SDNY 86 Chambers St. New York, NY 10007 212-637-2689 Fax: 212-637-2686 Email: Lauren.Lively@usdoj.gov ATTORNEY TO BE NOTICED 1 FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015 NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024 Andrew Edward Krause United States Attorney's Office, SDNY 86 Chambers Street, 3rd Floor New York, NY 10007 (212) 637-2769 Fax: (212) 637-2786 Email: andrew.krause@usdoj.gov ATTORNEY TO BE NOTICED Plaintiff ex rel. PETER D. GRUBEA represented by Brian Marc Feldman TERMINATED: 08/15/2019 Harter, Secrest & Emery, LLP(ROCH) 1600 Bausch & Lomb Place Rochester, NY 14604 (585)-232-6500 Fax: (585)-232-2152 Email: brian.feldman@aurelianlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Carol E. Heckman Harter,Secrest & Emery, LLP (Bflo) 50 Fountain Plaza, Suite 1000 Buffalo, NY 14202 (716) 853-1616 LEAD ATTORNEY ATTORNEY TO BE NOTICED Arun Srinivas Subramanian Susman Godfrey LLP (NYC) 1301 Avenue of the Americas, 32nd Floor New York, NY 10019 212-471-8346 Fax: 212-336-8340 Email: asubramanian@susmangodfrey.com ATTORNEY TO BE NOTICED Cory Spencer Buland Susman Godfrey LLP (NYC) 1301 Avenue of the Americas, 32nd Floor New York, NY 10019 212-336-8330 2 FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015 NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024 Fax: 212-336-8340 Email: cbuland@susmangodfrey.com ATTORNEY TO BE NOTICED Jacob W Buchdahl Susman Godfrey LLP (NYC) 1301 Avenue of the Americas, 32nd Floor New York, NY 10019 (212) 336-8330 Fax: (212) 336-8340 Email: jbuchdahl@susmangodfrey.com ATTORNEY TO BE NOTICED Kathryn P. Hoek Susman Godfrey LLP (CA) 1900 Avenue of The Stars, Suite 1400 Los Angeles, CA 90067 (310)-789-3132 Fax: (310)-789-3150 Email: khoek@susmangodfrey.com ATTORNEY TO BE NOTICED William R. H. Merrill Susman Godfrey LLP (TX) . 1000 Louisiana Street Suite 5100 Houston, TX 77002 (713)-651-9366 Fax: (713)-654-6666 Email: bmerrill@susmangodfrey.com ATTORNEY TO BE NOTICED Zachary B. Savage Susman Godfrey LLP (NYC) 1301 Avenue of the Americas, 32nd Floor New York, NY 10019 (212)-471-8358 Email: ZSavage@susmangodfrey.com ATTORNEY TO BE NOTICED V. Movant 3 FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015 NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024 Mark Goldsmith represented Mark Goldsmith by Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP 969 JERICHO TURNPIKE SAINT JAMES, NY 11780 United Sta 6313600400 Email: mgoldsmith@jrmgtattorneys.com PRO SE Morant Alstate Process Service, represented Mark Goldsmith by Allcounty Legal Support Jakubowitz & LLP Chuang 3019 Avenue J Brooklyn, NY 11210 (631)-360-0400 Fax: (631)-589-9300 Email: mgoldsmith@jrmgtattorneys.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Morant ProVest LLC represented by Michael Ya'Akov Kieval Weiner Brodsky Kider PC 1300 19th Street, Nw, 5th Floor Washington, DC 20036 (202)628-2000 Fax: (202)-628-2011 Email: kieval@thewbkfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant DEF TERMINATED: 03/27/2018 Defendant Rosicki, Rosicki & Associates, represented by Daniel James Horwitz P.C. McLaughlin and Stern, LLP TERMINATED: 12/04/2018 260 Madison Ave New York, NY 10016 4 FILED: ERIE COUNTY CLERK 03/19/2024 05:19 PM INDEX NO. 808135/2015 NYSCEF DOC. NO. 307 RECEIVED NYSCEF: 03/19/2024 212-448-1100 Fax: 212-448-0066 Email: dhorwitz@melaughlinstern.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan Robert Jeremias McLaughlin & Stern, LLP 260 Madison Avenue New York, NY 10016 (212) 448-1100 Fax: (212) 448-6273 Email: jjeremias@melaughlinstern.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Tracy