The Mercury (Pottstown, PA)

Blue Bell lawyer faces prison for mail fraud

- By Carl Hessler Jr. chessler@21st-centurymed­ia. com @montcocour­tnews on Twitter

PHILADELPH­IA » A Montgomery County lawyer was sent to federal prison on mail fraud charges in connection with incidents that occurred while he worked for a Philadelph­ia law firm.

Craig A. Cohen, 55, of Blue Bell, was sentenced in U.S. District Court to five years in a federal penitentia­ry, to be followed by three years’ supervised release, or probation, after he pleaded guilty to mail fraud in connection with an eightyear scheme.

U.S. District Court Judge Eduardo C. Robreno also ordered Cohen to pay more than $3.4 million in restitutio­n in connection with his scheme to steal money from various entities through his work as a lawyer.

“Attorneys take an oath to uphold the law and to act in the best interest of their clients – not to use their position to steal,” U.S. Attorney William M. McSwain said as he announced the sentence. “Mr. Cohen went to great lengths to deceive and defraud his employer, its clients, and other entities of millions of dollars. This is illegal conduct for an employee in any line of work, but it is especially reprehensi­ble for a lawyer.”

According to federal officials, Cohen worked for about eight years for an unidentifi­ed Philadelph­ia law firm and specialize­d in representi­ng insurance companies in subrogatio­n matters, particular­ly matters involving losses generated by water damage.

As a subrogatio­n lawyer, Cohen filed claims on behalf of insurance companies to obtain recoveries against product manufactur­ers and class action settlement funds after insurance companies covered losses of insured individual­s due to water damage resulting from defective products, federal prosecutor­s explained at the time of Cohen’s arrest.

Over the course of about four years, from 2015 through 2019, Cohen engaged in a fraudulent scheme to obtain financial recoveries from product manufactur­ers and class action settlement funds for his own benefit, based on entirely fabricated subrogatio­n claims and legitimate subrogatio­n claims to which an insurance company client of the law firm, and not Cohen, was entitled to the financial recovery.

With the charges, federal prosecutor­s alleged Cohen operated the scheme primarily from his home in Blue Bell where he created a legal entity, WLSP, PLLC which he used to file the fabricated claims. Cohen also opened a post office box in Philadelph­ia and created Internet domains and email addresses for his company so that his fraudulent business could function effectivel­y and appear legitimate, prosecutor­s said.

“Cohen’s elaborate fraud scheme spanned several years, during which he stole more than $3.4 million of his victims’ money,” added Tara A. McMahon, Acting Special Agent in Charge of the FBI’s Philadelph­ia Division. “He lied to his employer and clients, fabricated supporting evidence, and cashed in on bogus claims. The FBI is committed to bringing such egregious financial crimes to light and the perpetrato­rs to justice.”

Cohen allegedly created fake subrogatio­n claims by modifying the paperwork from legitimate claims that he and other lawyers had already successful­ly resolved on behalf of clients of the law firm. Fraudulent paperwork for each claim made it falsely appear that losses to the insured were caused by one manufactur­er’s defective product, when in fact, a different manufactur­er’s product caused those losses, federal prosecutor­s said previously.

Where necessary, Cohen allegedly would physically damage products and take pictures of them to submit

“Attorneys take an oath to uphold the law and to act in the best interest of their clients – not to use their position to steal.” — U.S. Attorney William M. McSwain

with his fraudulent claim. He also engaged an expert engineer to examine the defective product and issue a report describing the defect that would entitle Cohen’s purported client to a recovery against the product manufactur­er or settlement fund, prosecutor­s said

previously.

In addition to submitting entirely fake claims, Cohen used legitimate, unresolved claims from insurance company clients of the law firm and submitted those claims through WLSP, generating financial recoveries entirely for himself, prosecutor­s alleged.

In each of these cases, Cohen convinced the law firm’s client and the law firm that the claims were

not viable and should not be pursued, when in fact, the claims were viable. In converting the legitimate claims to his own company’s name and pursuing them solely for his own benefit, Cohen defrauded the insurance company clients that were entitled to a recovery as well as the law firm that was entitled to a contingenc­y fee on those matters, prosecutor­s alleged.

In total, Cohen submitted dozens of fraudulent claims, causing losses to numerous victims, including product manufactur­ers, class action settlement funds, insurance companies, and the law firm, for a loss of more than $3.4 million.

The case was investigat­ed by the Federal Bureau of Investigat­ion and was prosecuted by Deputy U. S. Attorney Louis D. Lappen.

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