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Lawyer Accused of Faking Personal-Injury Cases


A New York lawyer and six associates bribed witnesses and faked evidence in winning millions of dollars in personal-injury cases, a Federal prosecutor charged on Friday at the opening of a trial in Brooklyn.

But in opening statements by defense lawyers, the main defendant, Morris J. Eisen, and his associates in the Eisen firm in Manhattan were described as dedicated protectors of poor people seeking legitimate compensation for accidents and injuries.

Mr. Eisen, two other lawyers, their office manager and three private investigators are charged with conspiracy and racketeering. The opening statements were made on Thursday and Friday to a jury in Federal District Court.

“These defendants decided that winning personal-injury lawsuits was the most important thing — the only thing — and they were willing to do whatever it took to win,” the chief prosecutor, Jerome C. Roth, said.

As an example, Mr. Roth said, one plaintiff had pretended to have been injured tripping over a pothole at Aqueduct Raceway. Failing to find a pothole, he said, one of the firm’s investigators took a pickax and created “an instant pothole.” “You will also hearthat the firm made a great deal of money,” the prosecutor said. Its income, he said, reached $20 million in one year, much of it from suits against New York City.

“The evidence will show that the man who ran the whole show was Mr. Eisen,” he asserted, pointing at the defendant.

The office manager, Geraldine Morganti, was Mr. Eisen’s chief aide, the prosecutor continued. He said two trial lawyers, Joseph P. Napoli and Harold M. Fishman, were in the firm’s “second tier.” The three investigators, Alan Weinstein, Dennis Rella and Marty Gabe, were described as “foot soldiers.”

In the trial, which may shed light on the practice of personal-injury law, the defendants have assembled an unusually strong team of defense lawyers.

The defense’s counterattack began with Mr. Eisen’s lawyer, James M. LaRossa, accusing the Federal Government of getting together with New York City and large insurance companies to “stop a group of dedicated lawyers.” ‘About Government Power’

More : query.nytimes.com



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