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Ross O. Silverman

Partner
ross.silverman@kattenlaw.com
Chicago Office
p+1.312.902.5240
f+1.312.577.8989
Overview

Ross O. Silverman, head of the Insurance and Health Care Fraud Litigation group and the Chicago Litigation practice, represents some of the nation's top insurance companies in matters involving systemic health insurance fraud and Racketeer Influenced and Corrupt Organizations Act (RICO) claims. He is also a member of the firm's White Collar Defense, Internal Investigations and Compliance practice, along with more than a dozen other former federal prosecutors. He sits on the firm's Board of Directors and Executive Committee.

Ross represents clients in government investigations and has extensive experience in RICO, criminal tax, financial crimes and health care fraud matters. He also counsels insurers on claims handling best practices and litigation strategies designed to combat fraud, including the handling of many civil RICO and fraud matters in jurisdictions across the country.

He was appointed by the US Bankruptcy Court for the Northern District of Illinois to serve as the examiner for two bankruptcy matters, one involving United Airlines and the other involving an international distributor of ionized bracelets.

Before joining the firm, Ross was a trial attorney for the Criminal Section of the Tax Division at the US Department of Justice and served as an Assistant US Attorney in Chicago.

Shown below is a selection of Ross’s engagements.

Experience
  • Representation of health insurer in fraud action alleging Florida ambulatory surgery centers and others fraudulently billed professional and facility fees for manipulations under anesthesia because centers were engaged in patient brokering, kickbacks for patient referrals and the use of improper billing codes.
  • Representation of health insurer in arbitration alleging a New Jersey ambulatory surgery center and others fraudulently billed professional and facility fees for manipulations under anesthesia because the center was not exempt from state licensure requirements and was paying kickbacks for patient referrals.
  • Representation of property and casualty insurer in RICO and fraud action in Michigan against chiropractors, transportation provider and others, alleging they performed and billed for chiropractic and transportation services that were medically unnecessary or not performed.
  • Representation of property and casualty insurer in RICO and fraud action in New York against physicians and others, alleging professional medical corporations were not properly licensed and billed for medically unnecessary ultrasound tests.
  • Representation of property and casualty insurer in RICO and fraud action in Oregon against chiropractors, acupuncturist, clinics and others, alleging they billed for medically unnecessary chiropractic and acupuncture services.
  • Representation of property and casualty insurer in RICO and fraud action in New York against psychologist and others, alleging professional psychology corporations were not properly licensed and billed for medically unnecessary psychological services.
  • Representation of property and casualty insurer in RICO and fraud action in Michigan against a physician and professional corporations, alleging they performed and billed for electrodiagnostic tests that were medically unnecessary or not performed.
  • Representation of property and casualty insurer in RICO and fraud action in Michigan against a physician, alleging she performed and billed for electrodiagnostic tests that were medically unnecessary or not performed, and medically unnecessary orthotics.
  • Representation of property and casualty insurer in RICO and fraud action in Michigan against physician and professional corporation, alleging they performed and billed for medically unnecessary pain management injections.
  • Representation of property and casualty insurer in RICO and fraud action in New York against dentists and others, alleging professional dental corporations were not properly licensed and billed for medically unnecessary TMJ tests, services and supplies.
  • Representation of property and casualty insurer in RICO and fraud action in New York against physicians and others, alleging professional medical corporations were not properly licensed and billed for medically unnecessary current perception threshold tests.
  • Representation of property and casualty insurer in RICO and fraud action in New York against physician and others, alleging professional medical corporations were not properly licensed and billed for medically unnecessary physical therapy and electrodiagnostic services.
  • Representation of property and casualty insurer in RICO and fraud action in Michigan against physicians, chiropractors, clinics, MRI providers and others, alleging they performed and billed for chiropractic, medical and MRI services that were medically unnecessary or not performed.
  • Representation of property and casualty insurer in action under the Insurance Claims Fraud Prevention Act in Illinois against chiropractor and clinic, alleging they used billing codes that misrepresented the nature and extent of services.
  • Representation of property and casualty insurer in fraud action in Florida against clinics and referral service, alleging the clinics were not entitled to no-fault benefits because the referrals violated self-referral, kickback and patient brokering laws.
  • Representation of property and casualty insurer in RICO and fraud action in Michigan against a physician and professional corporation, alleging they performed and billed for psychological testing that was medically unnecessary or not performed.
  • Representation of property and casualty insurer in RICO and fraud action in Illinois against lawyers, chiropractors and others, alleging they organized and paid to treat and represent individuals who participated in staged and caused auto accidents.
  • Representation of property and casualty insurer in RICO and fraud action in Texas against lawyers, chiropractors and others, alleging they organized and paid individuals who participated in staged and caused auto accidents.
  • Representation of property and casualty insurer in RICO and fraud action in Florida against physicians, an ambulatory surgery center and others, alleging the physicians performed and billed for medically unnecessary discography and percutaneous disc decompression procedures.
  • Representation of property and casualty insurer in RICO and fraud action in Florida against physician and others, alleging they were not entitled to no-fault benefits for MRIs because they did not comply with state licensure requirements.
  • Representation of property and casualty insurer in fraud action in New York against physicians and others, alleging professional medical corporations were not properly licensed and thus not entitled to no-fault benefits.
  • Representation of property and casualty insurer in RICO and fraud action in New York against physician and others, alleging professional medical corporations were not properly licensed and billed for medically unnecessary physical therapy and diagnostic services.
  • Representation of property and casualty insurer in fraud action in Florida against MRI brokers and others, alleging they were not entitled to no-fault benefits because they did not render compensable services.
  • Representation of property and casualty insurer in defending against RICO and fraud class action in New York brought by MRI provider based upon allegedly fraudulent claims handling practices.
  • Representation of property and casualty insurer in defending against RICO and fraud class action in New York brought by provider of durable medical equipment and orthotics based upon allegedly fraudulent claims handling practices.
  • Representation of property and casualty insurer in defending against several actions in Michigan seeking no-fault benefits based on alleged traumatic brain injuries.
  • Representation of health insurer in fraud action alleging that physician-owned entities in Texas fraudulently billed for facility fees performed in ambulatory surgery centers by the physician-owners based upon kickback arrangements between the centers and physicians.
  • Representation of worker's compensation insurer in RICO and fraud action in Texas against physician and compounding pharmacy, alleging they performed and billed for medically unnecessary pain management injections and topical compounds.
  • Representation of property and casualty insurer in RICO and fraud action in Florida against chiropractors, physician and others, alleging they performed and billed for medically unnecessary mobile electrodiagnostic and ultrasound tests.
  • Representation of property and casualty insurer in RICO and fraud action in Florida against physician, clinics and others, alleging the clinics billed for medically unnecessary physical therapy services.
  • Representation of property and casualty insurer in RICO and fraud action in Michigan against an attorney and adjuster, alleging they conspired to cause the insurer to pay millions of dollars more than was owed regarding catastrophic injury claims.
  • Representation of property and casualty insurer in RICO and fraud action in Michigan against a physician and professional corporation, alleging they performed and billed for electrodiagnostic tests that were medically unnecessary or not performed.
  • Representation of property and casualty insurer in RICO and fraud action in Michigan against physicians, chiropractors and clinics, alleging they performed and billed for chiropractic and medical services that were medically unnecessary or not performed.
  • Representation of property and casualty insurer in RICO and fraud action in Michigan against physicians, clinics, MRI providers and others, alleging they performed and billed for medical, physical therapy and MRI services that were medically unnecessary or not performed.
  • Representation of property and casualty insurer in defending against RICO and fraud action in New York brought by physician based upon allegedly fraudulent claims handling practices.
  • Representation of property and casualty insurer in RICO and fraud action in New York against wholesalers and retailers of durable medical equipment and orthotics, alleging they billed for items that were not provided, were not medically necessary and were supported by fraudulent wholesale invoices.
  • Representation of property and casualty insurer in RICO and fraud action in New York against acupuncturists and others, alleging the professional acupuncture corporations were not properly licensed and billed for medically unnecessary acupuncture services.

Recognition

Super Lawyers, 2006–2018
Legal 500, 2018
Benchmark Litigation, Litigation Star, 2008–2018
AV Preeminent Peer Review Rating by LexisNexis Martindale-Hubbell

Lawdragon

Lawdragon, 500 finalist – 2010
Books
2011
Co-author, Inside the Minds: Strategies for Criminal Tax Cases, Aspatore
Presentations
April 1, 2013
Detecting and Defeating Organized Fraud Rings | Insurance Coverage and Claims Conference, DRI
Ross O. Silverman

Education

  • JD, The University of Toledo College of Law, cum laude, Order of the Coif
  • BA, The Ohio State University

Bar Admissions

  • Illinois
  • District of Columbia
  • New York

Court Admissions

  • US Supreme Court
  • US Court of Appeals, Sixth Circuit
  • US Court of Appeals, Seventh Circuit
  • US Court of Appeals, Eleventh Circuit
  • US District Court, Northern District of Illinois, Trial Bar
  • US District Court, Eastern District of New York
  • US District Court, Southern District of New York
  • US District Court, Eastern District of Michigan

Recognition

Super Lawyers
2006–2018
Legal 500
2018
Benchmark Litigation
Litigation Star, 2008–2018
AV Preeminent Peer Review Rating by LexisNexis Martindale-Hubbell

Lawdragon

500 finalist – 2010
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