After
Guilty
Verdicts in
Slip and Fall
Trials Dowd
Challenging
Restitution
Loses Ruling
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
Oct 10 –
Andrew
Dowd and
George
Constantine
faced trial on
November 28,
2022 on
charges
springing from
a slip and
fall fraud
scheme. Inner
City Press had
been covering
the case and
reported on
the
trial.
On
November 25,
2022, U.S.
District Court
for the
Southern
District of
New York Judge
Sidney H.
Stein received
an argument to
limit
cross-examination
of a
government
Witness-12,
consistent
with
limitations he
imposed in US
v. Bryan
Duncan,
another case
covered by
Inner City
Press.
The
government
wrote, "The
Court should
preclude
cross-examination
on the limited
fact that
Witness-12's
2021
conviction
involved the
attempted
possession of
a firearm
because it is
... high
prejudicial
and risks
inflaming the
jury,
consistent
with the
ruling of the
Court in US
v. Bryan
Duncan,
18-cr-289
(SHW).
Kalkanis from
that trial
figured in
this one too.
On
June 15, 2023,
Kalkanis was
up for
sentencing
before Judge
Stein. He
cried, and
when asked
again why he
did it said,
Greed. Judge
Stein said he
had planned
BOP
incarceration
but now
decided on
nine months
home
detention,
three years
supervised
release with
200 hour of
community
service in
each year,
ideally prison
ministry, he
said.
Jump
back to April
18, 2023 when
the US
Attorney's
Office filed
its sentencing
submission for
Constantine.
They want "a
prison
sentence of at
least fifteen
years
imprisonment."
On
April 25, both
Constantine
and Dowd got
eight and a
half years: "
CONSTANTINE
and DOWD, who
were convicted
at trial in
December 2022
of mail fraud,
wire fraud,
and conspiracy
to commit mail
and wire
fraud, were
each sentenced
to 102 months
in prison."
On
October 10,
2023, Judge
Stein issued
this regarding
Dowd: "OPINION
&
INDICATIVE
RULING as to
George
Constantine,
Et Al re:
[291] MOTION
Rule 35 Motion
to Amend
Restitution
Order filed by
Andrew Dowd.
Following his
conviction for
conspiracy,
mail fraud,
and wire
fraud, and the
imposition of
$8,117,011 in
restitution,
Dr. Andrew
Dowd has moved
to amend the
restitution
award pursuant
to Fed. R.
Crim. P. 35(a)
on the grounds
that the
restitution
award resulted
from
arithmetical,
technical, or
other clear
error. The
Court does not
have
jurisdiction
over Dowd's
motion to
amend the
restitution
order due to
his pending
Second Circuit
appeal on the
same topic.
However, for
the reasons
set forth
above, the
Court denies
Dowd's motion
to amend the
restitution
order as an
indicative
ruling
pursuant to
Rule 37(a)
because Dowd
has failed to
raise any
"arithmetical,
technical, or
other clear
error"
pursuant to
Rule 35(a).
(Signed by
Judge Sidney
H. Stein on
10/10/2023)."
On
November 28,
Inner City
Press was in
the courtroom
at 5 pm when
the 16 jurors
(four are
alternates)
were selected,
and again
after they
left when, in
ruling in
motions in
limine, Judge
Stein excluded
amended tax
returns as
remedial and
irrelevant.
But what about
legitimate
slip and fall
patients?
On
November 29,
the
government's
first witness
was on the
stand, with a
non-prosecution
agreement. He
acknowledged
that before
faking a knee
injury, he'd
actually hurt
his knee. That
was real, he
insisted. He
was asked
about
accompanying
girlfriend
Colette Ford
to a trip and
fall, and that
she lied at
the hospital.
But was she
really hurt?
On
re-direct, he
was asked
about "Doctor
K" briefing
him before he
met with the
defendants.
Next witness
may or may not
be CW-3
Gordon.
It
was. On
November 30 he
testified
matter of the
factly about
driving
surgery
prospects
around. They
got paid $1500
per surgery,
with the
payments
sometimes made
in the
recovery room.
The cases
settled for
$100,000 to
$150,000
dollars.
Reference was
made to
litigation
funder Adrian
Alexander, and
Sady Ribeiro,
both named in
the indictment
in this case.
(Marc Elefant
has been
pushing his
sentencing
back, now to
March 2,
2023).
On
December 1,
both defense
lawyers were
objecting to
testimony
about "red
flags" in
insurance
claims. In
writing, a
request was
made to
exclude
similar
testimony and
information,
with sample
reports
annexed
including
statements
about
homelessness,
shelters,
different
event dates,
no ambulance.
The jury was
sent home for
the day after
a long side
bar complete
with white
noise.
On
December 2,
the US has an
FBI Special
Agent, with
the Bureau for
only a year,
to describe
charts and the
underlying
emails. One
was from
Kalkanis to
Adrian
Alexander,
describing
Doctor Dowd
and his
"monster
practice."
Monster
indeed.
On
December 5,
the US had on
the stand a
doctor
testifying
that the MRI
technology not
only of today,
but also of
2014, made
invasive
inquiries as
described
unnecessary.
The
Hippocratic
Oath was
cited, and
case files
reviewed.
On
December 7, a
participant in
the slip and
fall scheme
described
meeting with
Marc Elefant
and showing
him the site
of the fall on
Google Maps
street view.
The AUSA
showed juror
scraps of
paper in
plastic bags -
Judge Stein
quipped, In
case they
don't believe
that they say
on the
monitors.
Upcoming:
the owner of a
business sued,
fraudulently,
but
Constantine's
client Jose
Julbe. The US
wants in
Constantine's
deposition,
under FRE
801(d)(2)(A).
On
December 8,
Kalkanis
himself was on
the stand,
explaining
damningly how
he sought out
Dr. Dowd to do
surgeries for
$9000 a pop,
he never
turned out
down as
unnecessary or
ill-advised.
He
described
Adrian
Alexander's
"Astoria
Medical
Imaging" and
its 100%
positive MRI
rate, and
Alexander's
investment in
cases.
On
December 9,
Kalkanis was
being cross
examined by
Kevin Keating
for Dowd, and
Marc Gann for
Constantine.
An email was
shown by both
sides, to say
trip and fall,
not slip and
fall and not
get into
details like
"the CVS in
Grand
Central."
On
December 12,
there was
cross
examination
about the
charts the US
Attorney's
Office
compiled and
showed, about
MRIs for,
among others,
Naquan Louis,
Johnnie Monroe
and Tyheem
Walker.
Meanwhile,
Dowd's lawyer
objected to
the
Government's
Request to
Charge about
"Medical
Conduct."
On
December 13,
the witness
was a Dr.
Springer,
being
questioned if
he found
Dowd's
operations to
not be
medically
necessary. His
answers were
essentially
Yes
(unnecessary),
but on
several, he
said he just
didn't
remember.
Objections
were
overruled.
On
December 15 in
rebuttal
closing, AUSA
Folly hammered
away,
including on
the five cases
in two months
from people
living in a
homeless
shelter on
Ralph Avenue.
On
December 16,
AUSA Folly was
at the OneCoin
guilty plea of
Sebastian
Greenwood
which Inner
City Press was
also covering
when he
announced that
there had been
a verdict in
US v. Dowd and
Constantine.
And the
verdicts were:
guilty. We'll
have more on
this.
The
case is US v.
Constantine,
et al.,
21-cr-530
(Stein).
***
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