INSURANCE FRAUD CHARGES
Insurance Fraud is defined as any act committed with the intent to fraudulently obtain payment from an insurer. Fraudulent claims are frequent in the insurance industry and cost the industry billions of dollars. Consequently, the federal government will not hesitate to prosecute you on the basis of an insurance fraud claim. There are many different types of insurance fraud being as fraudulent claims occur in all the various areas of insurance. Some of the major areas in which insurance fraud occurs are in the life, health care, automobile, and property insurance industries. Insurance fraud crimes may also range in severity, from soft fraud, which is only slightly exaggerating claims, to hard fraud, which is the act of deliberately causing accidents or damage.
Insurance fraud can be committed by various parties, including applicants for insurance, policyholders, third-party claimants and insurance professionals. If someone intentionally fakes an accident, injury, theft, arson or other loss to collect money illegally from insurance companies, this constitutes insurance fraud.
While most insurance fraud is prosecuted at the state level, some insurance fraud cases are prosecuted by federal authorities because the fraudulent activity also violates federal law. Other federal prosecutions include violations of United States Code Title 18, Section 1033 which is designed to prosecute anyone who is engaged in the business of insurance, including executives, employees, and sales agents, who participates in the perpetration of insurance fraud. Furthermore, Health Care Fraud is specifically prosecuted by federal authorities.
Because of the life-changing consequences of an insurance fraud conviction (mandatory restitution of lost income, loss of professional license and substantial prison sentences) and because the defense of such a case can be complicated, it is imperative that you seek the services of an experienced and knowledgeable attorney if you have been accused of any type of insurance fraud. At Kestenbaum, Eisner, & Gorin, LLP, our attorneys have over 50 years combined experience in criminal defense. Contact us today if you are under investigation for or have been charged with insurance fraud.