15‐776‐cr U.S. v. Gabinskaya
2 UNITED STATES COURT OF APPEALS 3 FOR THE SECOND CIRCUIT 6 August Term, 2015 8 (Argued: June 6, 2016 Decided: July 12, 2016) 10 Docket No. 15‐776‐cr 13 UNITED STATES OF AMERICA, 15 Appellee, 17 - v. - 19 TATYANA GABINSKAYA, AKA Sealed Defendant 24, 21 Defendant‐Appellant, 23 MIKHAIL ZEMLYANSKY, AKA Sealed Defendant 1, AKA Mike Zemlin, AKA 24 Russian Mike, AKA Mike Z, AKA Zem, MICHAEL DANILOVICH, AKA Sealed 25 Defendant 2, AKA Mike Daniels, AKA Fat Mike, AKA Mike D, YURIY ZAYONTS, 26 AKA Sealed Defendant 3, AKA KGB, MIKHAIL KREMERMAN, AKA Sealed 27 Defendant 4, MATTHEW CONROY, AKA Sealed Defendant 5, MICHAEL BARUKHIN, 28 AKA Sealed Defendant 6, AKA Barkin, AKA Mike B, MIKHAIL OSTRUMSKY, AKA 29 Sealed Defendant 7, AKA Skinny Mike, BORIS TREYSLER, AKA Sealed Defendant 30 8, AKA Borya, ANDREY ANIKEYEV, AKA Sealed Defendant 9, VLADIMIR GRINBERG, 31 AKA Sealed Defendant 10, VLADISLAV ZARETSKIY, AKA Sealed Defendant 11, 32 YEVGENIY SHUMAN, AKA Sealed Defendant 12, AKA Eugene, AKA Lokh, AKA 33 Zhenya, DMITRY SLOBODYANSKY, AKA Sealed Defendant 13, AKA Dima, 34 ALEXANDER SANDLER, AKA Sealed Defendant 14, AKA Sasha, AKA Nose, 1 GREGORY MIKHALOV, AKA Sealed Defendant 15, MICHAEL MORGAN, AKA Sealed 2 Defendant 16, MARK DANILOVICH, AKA Sealed Defendant 17, JEFFREY LEREAH, 3 AKA Sealed Defendant 18, DMITRY LIPIS, AKA Sealed Defendant 19, AKA Dima, 4 AKA Danny, LYNDA TADDER, AKA Sealed Defendant 20, MARIA DIGLIO, AKA 5 Sealed Defendant 21, SOL NAIMARK, AKA Sealed Defendant 22, SERGEY 6 GABINSKY, AKA Sealed Defendant 23, JOSEPH VITOULIS, AKA Sealed Defendant 7 25, LAURETTA GRZEGORCZYK, AKA Sealed Defendant 26, AKA Dr. G, EVA 8 GATEVA, AKA Sealed Defendant 27, ZUHEIR SAID, AKA Sealed Defendant 28, 9 DAVID D. THOMAS, BILLY N. GERIS, AKA Sealed Defendant 30, MARK ALAN 10 SHAPIRO, AKA Sealed Defendant 31, ROBERT DELLA BADIA, AKA Sealed 11 Defendant 32, MICHELLE GLICK, AKA Sealed Defendant 33, PAVEL POZNANSKY, 12 AKA Sealed Defendant 34, AKA Paul, CHAD GREENSHNER, AKA Sealed 13 Defendant 35, CONSTANTINE VOYTENKO, AKA Sealed Defendant 36, DIANA 14 ZAIDMAN, IRINA ZAYONTS, MILAN DIKKER, RICK DIBIASI, MIKHAIL BAKHRAHK, 15 JOHN MAURELLO, IGOR KATSMAN, 17 Defendants.* 21 B e f o r e: 23 SACK AND LYNCH, Circuit Judges, and MURTHA, District Judge.** 25 __________________
26 Defendant‐Appellant Tatyana Gabinskaya appeals from a judgment of 27 conviction on various fraud and conspiracy charges, entered in the United States 28 District Court for the Southern District of New York (J. Paul Oetken, J.). The
* 1 The Clerk of Court is respectfully directed to amend the official caption in this 2 case to conform with the caption above. ** 1 The Honorable J. Garvan Murtha of the United States District Court for the 2 District of Vermont, sitting by designation.
1 indictment charged that Gabinskaya had conspired to defraud insurance 2 companies in connection with claims under New York's No Fault 3 Comprehensive Motor Vehicle Insurance Reparation Act, N.Y. Ins. Law § 5102 et 4 seq., which requires that a