2020 NYACT Annual State Education Conference

November 10, 2020
8:30 AM to 12:00 PM
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Zoom Webinar



Each year, the NYACT Board of Directors requests nominations from member companies and organizations for the following awards to be presented at the NYACT Annual Education Conference. 

Christopher DeMatteo
Detective, City of Yonkers Police Department

William Maasz
Special Agent, NICB

Joseph Guidice
Retired Detective, NYPD Auto Crime

Meritorious Achievement for Law Enforcement and Insurance Member organizations due October 23, 2020.
For the description of the awards and to submit your nominees,  
Please click HERE.


8:30 AM - 8:45 AM
Introductions, Thank You to Sponsors

8:45 AM - 9:30 AM
The Thefts, The Floods, and The Germs: Latest Developments in Suspect Property Losses

Frank Macchione, SIU Investigator, Liberty Insurance
Timothy W. Tapply, Esq., Partner, Brand & Tapply. LLC

In this presentation we will discuss the latest trends in property investigations and issues. With economic motivation running high, the uptick in questionable property claims is readily apparent. Many traditional schemes are being utilized, including staged break-ins and enhanced water/sewer damage. But, the industry has also seen a tremendous increase in vendor manipulation to include Public Adjuster interference and remediation schemes run wild. We will evaluate the best practices of investigating and combating these issues with an eye towards COVID related challenges. We will also address biohazard cleanup schemes from fake COVID spraying to hourly manipulation to bloodborne pathogen remediation. The myriad of tactics used by certain companies to manipulate invoicing to defraud insurers and their insureds have resulted in millions of dollars paid annually for inflated and fabricated invoices.

Frank Macchione has been employed at Liberty Mutual as a Sr. SIU investigator for the past 17 years conducting investigations from vehicle arsons, homeowner fires , staged accidents, no fault investigations, and currently specializing in questionable homeowner's claims .Frank is currently handling major case investigation involving questionable contractors, bio hazard companies , asbestos abatement and water mitigation companies concerning schemes to defraud insurance companies. Prior to Liberty Mutual , Frank was employed as a private investigator handling slip and fall accidents, workers compensation claims , and trial preparations for defense attorney offices. Frank is a retired NYPD police officer where he started his career in law enforcement and later worked in the insurance industry to combat fraud.

Timothy Tapply has litigation experience in civil insurance defense and in the military criminal arena. As a principal of Brand & Tapply, LLC Mr. Tapply spearheads numerous investigations nationally from slip and falls to comprehensive multi-party schemes to defraud insurers. He has successfully litigated numerous matters uncovering those fraudulent schemes for judges and juries alike. Prior to Brand & Tapply, LLC, Mr. Tapply was an associate in the litigation department of Morrison Mahoney, LLP, in Boston, Massachusetts, where he handled all aspects of nursing home defense litigation. Mr. Tapply also held the rank of Captain in the United States Marine Corps, where he served as Defense Counsel and Senior Defense Counsel in San Diego, California. Mr. Tapply defended numerous misdemeanor and high-level felony cases. In 2005, Mr. Tapply was awarded the Western Region Marine Corps Defense Counsel of the Year. Mr. Tapply received his Bachelor’s Degree from St. Lawrence University and graduated from Albany Law School, cum laude. Mr. Tapply was runner-up in the Albany Law School Senior Prize Trial Competition and a member of the Albany Law School ATLA Trial Team. He also was the Founder and President of the Albany Law School Veteran’s Remembrance Organization. Mr. Tapply is licensed to practice law in Massachusetts, New Hampshire and New York and is also admitted to the bar of the United States District Court for the District of Massachusetts.

9:30 AM - 9:45 AM

9:45 AM - 10:30 AM
Overview of 2019-2020 Bail Reform in New York State: Changes and Challenges

Benjamin M. Mastaitis, Assistant District Attorney, Albany County District Attorney’s Office

In 2019 the New York State Legislature enacted sweeping changes to the cash bail system. Many of these changes have had a far-reaching effect on how the criminal justice system operates in the state. We will discuss the 2019 changes to bail, and revisions to those changes made in 2020.

Benjamin M. Mastaitis is an Assistant District Attorney in the Albany County District Attorney’s Office Financial Crimes Bureau. Ben has been with the Albany County District Attorney’s Office since 2009, prosecuting myriad cases including violent felonies including murder and attempted murder, kidnapping, assault, robbery and burglary. He has tried numerous felony cases to verdict. Prior to his current position, Ben served as an Assistant District Attorney in the Queens County District Attorney’s Office from 2005 to 2007 in New York City. He has lectured on investigating elder financial fraud at the New York State Police Academy and the Zone 5 Regional Law Enforcement Academy. He received his JD from City University of New York School of Law at Queens College in 2004, and received his BA from The George Washington University in 2000. Ben is a proud 1996 graduate of Colonie High School. Ben is an avid hiker and is an Adirondack 46er and a member of the Catskill 3500 Club, he also is the chair of the Conservation Committee of the Adirondack Mountain Club and a member of the Town of Colonie Conservation Advisory Council. Ben and his wife Kate, and their two daughters Eleanor and Greta, live in Albany County.

10:30 AM - 11:15 AM
NY No Fault 2020: A Clinic's Relationship with NJ Surgicenters, DME Facilities and Urine/Lab Testing

Joanne Fabian, Senior Special Agent, NICB

The presentation will explore how NY medical clinics are using NJ Surgicenters for NY patients. Regulations and procedures will be discussed as well as the NJ requirements to operate a surgicenter. The next area addressed will be DME, what is required to open and operate a DME facility in NY as well as some current DME schemes, some related to supplies provided to a patient after surgery. Finally, the growing trend of clinics sending patients for urine and other lab work to enhance the claim and exaggerate injuries.

Joanne Fabian’s experience in the insurance industry has spanned 27 years including customer service, agency, claims, and the Special Investigations Unit. She has been with the National Insurance Crime Bureau for the last 17 years. Joanne has worked on cases with the FBI, the NYPD Fraudulent Accident Investigation Squad and NYS Attorney General’s Office. She has also been called upon to testify as an expert witness on several insurance fraud cases. Joanne moved up through the ranks and attained the title of Senior Special Agent in 2005. In December of 2006 she was promoted to Training Director responsible for the training activities of member companies and Law Enforcement in all states east of the Mississippi River. Since 2006 Joanne has trained over 20,000 member company and law enforcement personnel and has created numerous FraudSmart programs, Insurance Fraud Indicator Sheets and NICB Investigative Guides. In 2019 Joanne returned to investigations as a Senior Special Agent with the NY Major Medical Fraud Task Force where she continues to investigate staged accidents and the operations of medical clinics in the NY Metro area.

11:15 AM - 11:30 AM

11:30 AM - 11:45 AM
Meritorious, Joe McDonald and John J Kennedy Awards Presentations

11:45 AM - 12:45 PM

Keynote Speaker


Former Commissioner
of the NYPD

In an eye-opening conversation, Commissioner Kelly recounts his experience leading one of the largest—and most widely respected—police departments in the world. Having taken the helm post 9/11, at the height of the city’s uncertainty and fear, Kelly describes how reassuring New Yorkers of their safety and keeping New York City secure against any future threats became the key objectives of his administration. Kelly explains exactly why the security of New York is both germane and important to the security of the entire country, and discusses how he transformed the NYPD into an international counter-terrorism force commensurate with those of the FBI and the Pentagon. Audiences gain insights into the greatest potential threats to our security today, with actionable recommendations that can be immediately implemented in their own organizations.

This presentation will be in a "fireside chat" format, if you have a question for Commissioner Kelly that our moderator should ask, please send it to [email protected] with the subject heading: Commissioner Kelly Question.

In addition, as the former Commissioner for the U.S. Customs Service, Kelly also possesses unique insight into the evolving issues surrounding immigration and policing. He offers audiences an expert perspective on the best practices for dealing with immigrants, as well as how steps taken by President Trump and ICE will affect communities across the nation.

Kelly’s expertise extends beyond the realm of policing as well. From his work in law enforcement to his more recent post as the Vice Chairman of K2 Intelligence, Kelly has developed a keen understanding of risk management. At K2, Kelly brought decades of experience setting strategy to combat threats faced by nations around the world, in both the public and private sectors. He provides valuable insight into the design and development of tailored enterprise risk solutions for clients around the world. In addition, Kelly investigates internal and external risks affecting the safety of client assets and the reputation and stability of their key stakeholders. No matter the type of organization, he outlines the steps necessary to identify potential threats and strategic issues, protect business interests, and enhance cyber security. With 50 years in public service, including 14 years as Police Commissioner of the City of New York, Raymond W. Kelly is one of the world’s most well-known and highly esteemed leaders in law enforcement.

For Commissioner Kelly's complete bio, please click here.


12:45 PM

*Schedule and speakers subject to change. 

After careful consideration the Board of Directors of NYACT have decided to move the Annual Education Conference to a virtual meeting. We know that many of our members and attendees work in high risk environments and/or may have travel restrictions at this time.


Please use proper Sentence Case when completing forms. Your certificate of attendance will reflect how you input your information.

NYS Law Enforcement Personnel: Free
NYACT, NYSSIU, and IASIU Members: $25.00
Non-members of either NYACT or NYSSIU: $49.00

Who Should Attend:
All Insurance SIU, Auto, PIP and Property Claims personnel, Law Enforcement and Prosecutors.


Nominations for the Joe McDonald and John J Kennedy Awards due October 12, 2020.
Meritorious Achievement for Law Enforcement and Insurance Member organizations due October 23, 2020.

For the description of the awards and to submit your nominees,  
Please click HERE.


Please consider sponsoring either a full or half page advertisement in the electronic program that will be sent to over 3,000 NYACT contacts, as well as be included in all the pre-event communications with a direct link to your website. Click the REGISTER NOW button below to choose your ad size!





$0.00 Law Enforcement

$25.00 NYACT Insurance Member

$49.00 Non Member

$200.00 Full Page Ad 2020

$100.00 Half Page Ad 2020