On Friday, March 15, 2024, the Ohio Disciplinary Counsel filed a complaint against attorney Anthony James Fusco.
The case is entitled “Disciplinary Counsel v. Anthony James Fusco, Esq.,” with case no. 2024-008.
The charges cited Ohio Rules of Professional Conduct 8.4(b), 8.4(c), and 8.4(h), which states:
It is professional misconduct for a lawyer to commit an illegal act that reflects adversely on the lawyer’s honesty or trustworthiness.
It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Engage in any other conduct that adversely reflects on the lawyer’s fitness to practice law.
According to the complaint, Fusco inflated medical bills submitted on behalf of clients to insurance companies while working as a pre-litigation attorney at a Youngstown law firm between 2017 and 2019. In total, authorities allege Fusco inflated billing amounts by over $859,000 across 399 cases.
The complaint details how Fusco would modify “demand packages”, which included medical bills and case documentation, by altering the amounts owed on bills before sending them to insurers. The inflated amounts ranged from a low of $100 to over $30,000 in some instances. Fusco inflated bills for clients of 62 different insurance companies and third-party administrators during his time at the firm.
Fusco pleaded guilty to one felony count of insurance fraud in August 2022 related to his actions. He was sentenced to 18 months in prison on October 2, 2022, but has since been released under judicial release and completed three years of community control.
According to the complaint, Fusco’s actions came to light in October 2019 when a Safe Auto Insurance representative contacted Fusco’s former law firm about a discrepancy they discovered regarding one of the inflated bills. Fusco initially denied any wrongdoing to colleagues but later admitted to altering the specific bill mentioned by Safe Auto.
An internal audit by the law firm and subsequent investigation by the Ohio Department of Insurance uncovered that Fusco had inflated bills across 399 cases totaling over $859,000. Fusco benefited financially from the inflated billing amounts, which placed him in higher bonus tiers for the years affected.
The disciplinary complaint alleges Fusco violated State Bar rules prohibiting illegal conduct reflecting dishonesty or misrepresentation. It requests Fusco be sanctioned accordingly. The matter remains before the Ohio Board of Professional Conduct.
According to avvo.com, Mr. Fusco is an attorney in Youngstown, Ohio. He acquired his law license in Ohio in 2015.
A copy of the original filing can be found here.
