Physical therapist, Bervin N. Brual, has filed a lawsuit against his former Yonkers employer, Richard G. Harvey, seeking $1.2 million in damages. Brual accuses Harvey of fraud and unjust enrichment in a complaint filed on October 4th in the U.S. District Court in White Plains.
Work history
Brual’s association with Harvey dates back to 2011 when he joined the Harvey Family Chiropractic, Physical Therapy & Acupuncture PLLC clinic on North Broadway in Yonkers. After leaving the clinic in 2015, Brual returned in 2016 with the promise of higher pay. In 2020, Harvey established the North Broadway Chiropractic & Physical Therapy PLLC, making Brual a 20% owner.
However, the situation took a dire turn when Brual discovered discrepancies in his reported income for tax purposes. Harvey allegedly falsely reported Brual’s income as $500,000 for 2020, resulting in a $200,000 tax liability. Then in 2021, Harvey reportedly reported Brual’s income as over $700,000, incurring a $290,000 tax liability.
After Harvey sold the clinic at the end of 2021, Brual’s new supervisor revealed that insurance companies were no longer covering his physical therapy services. Brual soon also discovered that Allstate Insurance had filed a racketeering lawsuit in Brooklyn federal implicating him, Harvey, and acupuncturist Jin Hwangbo. Allstate Insurance alleges fraudulent billing by the trio under New York’s no-fault automobile insurance law. In 2018, a federal magistrate judge recommended that Harvey, Hwangbo, and Brual be held jointly liable for more than $1.3 million in damages. The parties resolved the case in 2019 after reaching a settlement.
The lawsuit
The lawsuit alleges that former-boss Harvey concealed crucial information from Brual; ultimately perpetuating a tax fraud and racketeering. Representing Bervin N. Brual is Manhattan attorney, Jeffrey Benjamin. The heart of the suit requests $1.2 million in damages resulting from the substantial financial liabilities stemming from Brual’s association with the clinic.
While Brual negotiated a payment plan with the IRS to address the approximately $280,000 owed in taxes, he emphasized that he never earned that reported income. That Harvey intentionally inflated the reported income to the benefit on himself and burden of Brual.
Brual also claims he had no knowledge of the lawsuit brought by Allstate Insurance. He elaborated that he did not see the complaint, and did not participate in the defense, nor did he accept the terms of the settlement.
There is no comment from Richard Harvey on these allegations at this time.
