Top Insurance Fraud Lawyers Near Me

Insurance fraud is a wide offense and at times tends to encompass all crimes where an insured person or entity goes ahead to file a false or exaggerated claim.

If one is swindled in that they purchase a policy in which one is not entitled to collect the proceeds may be considered as insurance fraud. Insurance cheating is also committed when persons misleadingly claim to an insurance company that they are entitled to insurance benefits or apply for insurance policy.
 

Considering that insurance fraud is one of the most prevalent white-collar crimes in the country, it is not a surprise of sorts that it has several variations.

For instance, premium diversion is a case of an offense committed when an insurance agent embezzles the paid monies by the insured instead of forwarding them to the underwriter. Moreover, the fact that the under consideration insurance agent may not be registered at all may very well be true, which means that when the time will come to pay out claims, the said insurance agent should not be expected to do the same.

Based on the FBI, premium diversion is one of the most common insurance fraud schemes within the country.

Lies about disabilities, falsified claims about accidental injury (slip and fall claims etc.) and illusionary vehicle damages cases are some of the most common insurance fraud committed by individual citizens and not corporate bodies.

Typically, law enforcement agencies distinguish between two types of fraudulent cases; those that involve hard fraud and soft fraud. The cases involving hard fraud pertain to massive organizations or the professionals from the ranks of the financial business who engage in the big offences while the rest involving soft fraud, people perhaps fudging the truth or telling “white lies” to boost a weak or lacking case.

Every day, insurance fraud takes place and some of the examples are:

• Life insurance fraud
• Identity theft
• Mortgage fraud
• This type of arson is an example of property insurance fraud.
• Health insurance fraud of individuals or corporations
   

There are those above in this category of most common types or categories of insurance fraud, which consist of:

• Fee churning
• Asset diversion
• Worker’s compensation fraud
• Disaster (relief) fraud
• Fraud through acts of lies or through false or stolen identity
• Automobile fraud – damaged, lost or stolen.
• Falsified claims

Insurance Fraud Punishment

Insurance fraud is a serious crime that is highly regarded by the federal government and most of the state governments. The U.S. Code is more oriented to different varieties of insurance fraud, that includes interstate commerce in whatever way, which is nothing new because banks, insurers as well as the other large-financial organs are implicated to this type of offense quite often.

In case you are convicted of federal insurance fraud charges, the punishment may be up to 10 years in prison, or 15 if the fraudulent acts in question will indeed cause the dissolution of insurer. And if you get convicted of insurance fraud, acting in the capacity of an insurance company, regardless of the issue – embezzlement, theft or misappropriation of funds – you may face up to 10 if the issue is hazardous for the continued survival of the parent company.

Pre-convictions of the nature of dishonesty or breach of trust may increase these federal penalties by up to five years per offense.

State courts are also not lenient in most cases when it comes to matters involving insurance fraud, but in some situations, the offence is treated as a misdemeanor.

For instance, under cases in which the offense involves health care benefits fraud for under $950, the possible charge may classify into misdemeanor, whose maximum punishment is six months in county jail and can be penalized with maximum fine of $1,000.

When the amount of money to be deemed as an offense is more than $950 then the offense can be charged as either a felony or a misdemeanor based on the judgment and context. It could attract such a sentence as five years imprisonment together with a fine of $50, 000 or even twice the value appraised of the fraud.
 

Insurance fraud can be taken as a felony or misdemeanor depending on the jurisdiction that the crime is being pursued. The severity of the offense is also a factor that determines whether an offense is taken as a felony or misdemeanor.

Most, if not all, instances of charges presented before the federal court for insurance fraud will be made felonies while, for those brought before state courts, they are more likely to enjoy the position of misdemeanors.

If you are charged with the federal serious crime of insurance fraud, then you should hire a criminal defense attorney who specializes in financial crimes.

By employing the services of an insurance fraud lawyer, you will be able to create better defenses against the charges that you are facing. Common defenses, which are used against insurance fraud, include some evidence which would prove you not guilty of any such fraudulent activity or lack of intent or knowledge (unwitting pawn in a larger scheme, or simply having made a paperwork or filing error).
 

In the case of insurance fraud, you must obtain an insurance fraud lawyer if you are accused of the crime to ensure your rights are protected in the court. Some of the things that an insurance fraud attorney would be able to assist you with may include:

• Haggling down charges to a lesser charge
• Bartering to reduced time for sentencing/punishment.
• Convince the court of your case to innocence in trial.

Seek to consult a lawyer specializing in insurance fraud cases if you are ever charged with defrauding an insurance company. The insurance fraud lawyer will guide you through your representation among other things to avoid criminal charges and any ensuing penalties as well.