Three men Friday settled with prosecutors in a workers’ compensation insurance fraud case following allegations from defense attorneys of outrageous governmental conduct regarding attorney-client privileged emails used as evidence.
David Fish, 63, of Laguna Niguel; Robert Lee, 63; and Martin Brill, 80 — the cities of residence of the latter two were not disclosed — reached undisclosed settlements with prosecutors to have their felony charges dismissed, according to court records.
In February, Dr. Vrijesh Shantanu Tantuwaya also reached a settlement with prosecutors to pay $150,000 in exchange for having a felony count of false or fraudulent claims dismissed. The settlement came after the San Diego neurosurgeon was acquitted of conspiracy to commit workers’ compensation insurance fraud, but jurors deadlocked 7-5 for acquittal on the other felony charge.
Lee, Fish and Brill formed Southern California Injured Workers, a medical management company to provide administrative services to medical groups, according to prosecutors.
Fish had been banned from the state’s workers’ compensation system because of a prior conviction, said prosecutors, who accused him of orchestrating a “massive referral scheme implemented with Dr. Tantuwaya and others.”
Fish was accused of paying for patients to be referred to Southern California Injured Workers, which then directed patients to be treated by four medical groups, including Tantuwaya’s, said prosecutors who characterized it as a kickback scheme.
Fish’s attorneys said in court papers that emails seized by law enforcement contained some messages that were protected by attorney-client privilege. In November, Fish filed a motion to dismiss the case against him, alleging outrageous government conduct.
Fish alleged that prosecutors “seized, and for nearly three years reviewed thousands of attorney-client and work-product privileged emails belonging to defendant David Fish, many of which relate to issues in this case.”
Fish also alleged that prosecutors’ “few affirmative steps it took to handle the privileged materials were woefully inadequate and ineffective.”
In addition, he also accused his former attorney, Robert Stroj, who is ineligible to practice law now, of becoming a witness in the case against him. Fish alleged Stroj “played both sides of this case” by working with Fish while also “funneling privileged and confidential materials and information” to prosecutors.
“It shocks the conscience that a prosecutorial agency would so deeply and flagrantly intrude into a criminal defendant’s email communications with counsel,” Fish’s attorneys said in the motion. “Mr. Fish has been victimized by his former lawyer and the OCDA’s office not only participated in, but encouraged, the improper conduct.”
Prosecutors did not immediately respond to a request for comment.