As San Diego’s largest and most reputable criminal defense firm, it is our pleasure to provide useful and reliable information to clients and potential clients about defending against insurance fraud charges. Insurance fraud can result in severe legal consequences, including federal criminal charges, imprisonment, fines, and damage to one’s personal and professional reputation. In this article, we will explore the different types of charges related to insurance fraud, the potential penalties for fraud offenses, the benefits of hiring a federal fraud attorney, and strategies for building a comprehensive defense against insurance fraud charges.
Key Takeaways
Insurance fraud is the act of intentionally deceiving an insurance company for personal gain, either by submitting false claims, staging accidents, providing false information, or manipulating insurance policies.
Insurance fraud can result in severe legal consequences, including federal criminal charges, imprisonment, fines, and damage to one’s personal and professional reputation.
Insurance fraud can be prosecuted as a federal crime when it involves interstate commerce or falls under federal jurisdiction.
When facing insurance fraud charges, it is essential to hire a skilled federal fraud lawyer who understands the nuances of federal law and has experience defending clients in federal court.
A qualified criminal lawyer can guide you through the legal process and help build a strong defense against the charges.
Insurance Fraud Defense in San Diego
Insurance fraud is considered a serious criminal offense, and such charges can be prosecuted at both the state and federal levels. If you are facing insurance fraud charges in San Diego, it is crucial to seek the assistance of a skilled criminal defense lawyer with experience handling fraud cases.
Types of Insurance Fraud
Insurance fraud is the act of intentionally deceiving an insurance company for personal gain. It can take various forms, including submitting false claims, staging accidents, providing false information, and manipulating insurance policies. Some common types of insurance fraud include:
Health Insurance Fraud: This involves submitting false medical insurance claims or exaggerating injuries or disabilities to receive insurance payments.
Auto Insurance Fraud: This includes filing false claims, staging car accidents, or inflating repair costs to defraud auto insurance companies.
Homeowner’s Insurance Fraud: This can involve filing false claims for property damage or inflating repair estimates to receive insurance payouts.
Workers’ Compensation Fraud: This occurs when an employee falsely claims a work-related injury or disability to receive workers’ compensation benefits.
Can Fraud be Unintentional?
While insurance fraud is typically intentional, there are cases where individuals may unknowingly commit fraudulent acts. It is important to note that intent is a crucial element in proving insurance fraud. If you can demonstrate that the alleged fraudulent act was unintentional or the result of a mistake, it may help build a strong defense against the charges.
When is Insurance Fraud a Federal Crime?
Insurance fraud can be prosecuted as a federal crime when it involves interstate commerce or falls under federal jurisdiction. The Violent Crime and Law Enforcement Act of 1994 grants federal prosecutors the authority to pursue insurance fraud cases that impact interstate commerce. When facing federal charges, the penalties for insurance fraud can be more severe compared to state-level charges.
Benefits of Hiring a Federal Fraud Attorney
When facing insurance fraud charges, it is essential to hire a skilled federal fraud attorney who understands the nuances of federal law and has experience defending clients in federal court. A federal lawyer can provide several benefits that can have a significant bearing on the outcome of your insurance fraud case.
What to Look for in an Insurance Fraud Lawyer
When selecting a criminal attorney to defend against insurance fraud charges, there are several factors to consider. You should look for a lawyer who has:
Extensive experience in handling insurance fraud cases,
A track record of successful outcomes and positive client testimonials,
Strong communication skills and the ability to explain legal concepts clearly,
A thorough understanding of federal and state laws related to insurance fraud, and
The ability to develop a personalized defense strategy tailored to your case.
Insights from Attorney Crystal Erlandson’s Insurance Fraud Case
Sevens Legal attorney Crystal Erlandson recently secured a favorable outcome for a client facing criminal wire fraud and false claims charges related to an insurance fraud scheme. The client was accused of filing fraudulent claims to obtain unearned benefits from an insurance program that provides financial support to assist severely injured military service members in their recovery. The client faced a maximum exposure of 20 years and a guidelines range of 12 to 18 months for submitting false information about injuries being related to military service and receiving a $100,000 claim payout. Thanks to Ms. Erlandson’s adept legal representation, the client was sentenced to probation, a testament to her expertise in navigating complex federal criminal cases and achieving favorable results for her clients.
Potential Penalties for Insurance Fraud Offenses
The penalties for insurance fraud vary depending on the severity of the offense, the amount of money involved, and whether it is prosecuted at the state or federal level. In California, insurance fraud can be charged as a felony or misdemeanor, with potential penalties including:
Felony charges: Up to five years in prison and fines of up to $50,000 or twice the amount defrauded (whichever is higher)
Misdemeanor charges: Up to one year in jail and fines of up to $1,000
It is important to note that these penalties can be more severe for federal insurance fraud charges, including imprisonment for up to 20 years and fines of up to $250,000.
What is the U.S. Code for Insurance Fraud?
The U.S. Code does not have a specific provision solely dedicated to insurance fraud. However, federal prosecutors can rely on various federal statutes to bring charges against individuals involved in insurance fraud. These statutes may include:
Mail and Wire Fraud (18 U.S.C. § 1341 and 18 U.S.C. § 1343)
These statutes prohibit the use of the U.S. mail or electronic communications to carry out fraudulent schemes, which can include insurance fraud.
False Statements (18 U.S.C. § 1001)
This statute makes it a crime to knowingly make false statements, including false statements related to insurance claims or applications.
Racketeer Influenced and Corrupt Organizations Act (RICO) (18 U.S.C. § 1961 et seq.)
RICO allows prosecutors to bring charges against individuals involved in organized criminal activities, including large insurance fraud schemes.
Is Insurance Fraud a Felony?
Insurance fraud can be charged as either a felony or a misdemeanor, depending on the circumstances of the case and the applicable state or federal laws. The severity of the offense, the amount of money involved, and the impact on victims are factors considered when determining whether to charge insurance fraud as a felony or misdemeanor.
How Long Do You Go to Jail for Insurance Fraud?
The length of imprisonment for insurance fraud convictions varies depending on the specific circumstances of the case, the jurisdiction, and the applicable state or federal laws. For felony insurance fraud convictions, individuals can face imprisonment ranging from several months to several years. Misdemeanor insurance fraud convictions may result in shorter jail sentences or alternative penalties such as probation, fines, or restitution.
Building a Comprehensive Insurance Fraud Defense Strategy
When building a defense strategy against insurance fraud charges, it is essential to work closely with an experienced criminal defense attorney who has a history of success representing clients facing fraud charges. A comprehensive defense strategy may involve conducting a thorough investigation into the charges against you, challenging the prosecution’s evidence, presenting alternative explanations for the alleged fraudulent act(s), and negotiating with prosecutors.
Mitigating the Consequences of Insurance Fraud Charges
If you are facing insurance fraud charges in San Diego, it is important to take immediate action to protect your rights and mitigate the potential legal consequences. Here are some steps to consider:
Remain silent: Avoid discussing the details of the case with anyone other than your attorney to prevent any statements from being used against you.
Seek qualified legal representation: Consult with an experienced criminal defense lawyer who handles insurance fraud cases. They can guide you through the legal process and help build a strong defense.
Gather evidence: Collect any evidence or documentation that supports your innocence or challenges the prosecution’s case.
Cooperate with your criminal lawyer: Provide your attorney with all relevant information and be transparent about the details of your case.
Free San Diego Insurance Fraud Consultation
If you are facing insurance fraud charges in San Diego, it is crucial to seek legal representation from a skilled criminal defense attorney as soon as possible. At Sevens Legal, we offer a free and confidential consultation to discuss your case and provide guidance on building a strong defense strategy.
How to Contact Our Criminal Defense Attorneys
If you are in need of legal assistance for insurance fraud charges or any other criminal defense matter, our experienced criminal lawyers at Sevens Legal are here to help. Call us at (619) 430-2355 to schedule your consultation and protect your rights. Remember, it is crucial to act quickly and secure legal representation when facing insurance fraud charges. Our dedicated team of attorneys will fight vigorously to protect your rights and achieve the best possible outcome for your case.