Benjamin Gluck Speaks with Daily Journal on Recent Decision in Worker’s Compensation Insurance Fraud Matter

Principal Benjamin Gluck spoke with the Daily Journal regarding the recent decision by the Orange County Superior Court imposing sanctions on prosecutors for violating the attorney-client privilege in a highly publicized worker’s compensation fraud prosecution.

Gluck and Principal Nicole Rodriguez Van Dyk serve as lead defense counsel in the matter. In 2016, they obtained dismissal of 89 out of 90 counts including counts of insurance fraud and involuntary manslaughter on behalf of their client, a co-defendant accused of allegedly masterminding the multimillion dollar fraud scheme. The case was then refiled by the People, but Gluck and Van Dyk convinced the court to hold an evidentiary hearing regarding the People’s privilege invasion in 2018. Shortly thereafter, on February 11, the Honorable Sheila F. Hanson issued the sanctions order precluding the use of evidence tainted by the prosecution’s privilege invasion.

“We’re pleased that the court agreed with us that the district attorney’s office reviewed voluminous amounts of attorney-client privileged material,” stated Gluck. “It remains to be seen whether they can proceed with this case in light of the sanctions that she placed on them.”

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