Partner
State & Local Tax Practice Group
Business Crimes, Regulatory Offenses & Corporate Investigations Practice Group
New York Tax Investigations & Defense Practice Group
Health Law Practice Group
False Claims Act Practice Group
Albany and New York Offices
Areas of Practice: New York tax compliance, investigations, and audits; health care and Medicaid compliance, audits, and investigations, financial and business fraud investigations; physician and professional licensing and disciplinary actions
Professional Experience: Mr. Comiskey has held top-level government positions with New York State agencies responsible for tax enforcement and for investigating and prosecuting health care fraud, physician misconduct, complex financial fraud, and official misconduct. Prior to joining Hodgson Russ LLP, Mr. Comiskey was the deputy commissioner for tax enforcement at the New York State Department of Taxation and Finance, where he served as New York's top tax enforcement officer in charge of approximately 2,500 auditors, collectors, and criminal investigators. In the health care area, Mr. Comiskey served as the deputy attorney general in charge of New York's Medicaid Fraud Control Unit, the largest state law enforcement unit in the nation dedicated to fighting Medicaid fraud and patient abuse, and, in a prior appointment, as director of the Bureau of Professional Medical Conduct in New York's Department of Health, where he was counsel and chief prosecutor for New York's physician disciplinary board. As a prosecutor, Mr. Comiskey held leadership positions in the attorney general's Criminal Division prosecuting fraud, corruption, and organized crime cases. He also served as chief assistant district attorney in Rensselaer County and as an assistant district attorney in the Manhattan district attorney's office. He has also been an adjunct instructor at Benjamin N. Cardozo School of Law on appellate advocacy and legal writing and at Brooklyn Law School on corporate criminal prosecutions. He began his legal career at the New York Court of Appeals, where he clerked for Associate Judge Hugh R. Jones.
Presentations: Mr. Comiskey is a frequent lecturer on tax enforcement and related topics. His recent presentations and panel discussions for tax professionals and business groups include "New York's Amended Whistleblower Law," New York State Bar Association State and City Tax Institute, April 2011; "Sales Tax Enforcement, New York's Efforts to Increase Sales Tax Compliance," Erie County Bar Association, June 2010; "Enforcement, Audit Policy, and Practice," New York State Business Council Conference on State Taxation, May 2010; "The NYS Yin-Yang of Increased Enforcement and the Taxpayer Advocate," New York State Bar Association State and Local Tax Institute, April 2010; "Sales Tax Audits," New York State Society of CPAs Taxation Conference, December 2009; and "Enforcement Initiatives to Curb Tax Fraud," National Conference of CPAs Tax Symposium, November 2009.
Articles/Publications: Mr. Comiskey's recently published articles include "Unreported Offshore Accounts? New Yorkers Can Avoid State Tax Penalties Through Voluntary Disclosure," NYSSCPA's Tax Stringer, May 2011; "Calling All Tax Whistleblowers - New York Wants You," with T. Noonan, State Tax Notes, January 31, 2011; "New York's New Tax Whistleblower Statute," NYSSCPA's Tax Stringer, February 2011; "No Relief in Sight for Health-Care Providers," Buffalo Law Journal, November 22, 2010; "Taking Aim at Tax Professionals Who Coach Their Clients to Cheat," State Tax Notes, January 2010; and "New Criminal Tax Laws: Taking Aim at Tax Evaders," New York State Bar Association Journal, November-December 2009. He was profiled in the November 29, 2010 issue of State Tax Notes; was interviewed in the December 3, 2010 issue of BNA's Tax Management on New York State changes for whistleblowers reporting tax evasion and in the December 10, 2010 issue of the Albany Business Review on New York State business tax audits; and is the subject of a LexisNexis podcast on New York State's tax whistleblower statute.
Admitted to Practice: New York; U.S. District Courts for the Southern and Northern Districts of
New York
Education:
B.A., Manhattan College;
J.D., Fordham University School of Law