24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

NY Penal Law § 176.20: Insurance fraud in the third degree

July 6, 2020

Insurance fraud is among the white collar crimes that entails deceiving an insurance company in order to receive insurance money. This statute covers fraud that involves any type of insurance policy, plan or arrangement including  life insurance, property  or home owner’s insurance, automobile insurance, health insurance, workers’ compensation, commercial insurance, and publicly funded insurance programs, such as Medicare or Medicaid.

Faking a death, for example, in order to collect on a life insurance policy and then turning up years later, claiming memory loss would be an act of insurance fraud. In the case of a car accident, if you were to  file a claim for damages that did not actually take place in the accident, but occurred as a result of an earlier accident, you would have committed insurance fraud. There are a number of different insurance fraud offenses listed in the New York criminal code. If you carry out a fraudulent insurance act, the specific insurance fraud crime you will face will depend on several different factors, such as the type of insurance plan involved and the amount of money you received or attempted to receive. You will be charged under New York Penal Code § 176.20 with insurance fraud in the third degree if you commit an act of insurance fraud and thereby obtain or attempt to obtain property with a value of over $3000 but not over $50,000. It is critical to note that if you are suspected of insurance fraud, you will probably face additional criminal charges such as grand larceny.

Two Examples

Chase is interested in remodeling his kitchen. Unfortunately, the estimates for the remodel are much more than he could afford. To get the money, Chase decided he might set his kitchen on fire, get the payout from the insurance company and use that to build a whole new kitchen with all of the new features he wants. In this scenario, if Chase goes through with the plan and collects an insurance payment of more than $3000 but less than $50,000, then he could be charged with insurance fraud in the third degree in violation of New York Penal Code § 176.20.

Cassius, who doesn’t have a driver’s license, is in the driver’s seat in Mervin’s car.  Mervin is in the passenger seat. Coming around a corner, Cassius sideswipes Lemuel’s car, causing extensive damage. Cassius panics and keeps driving on. A block later, Mervin and Cassius pull over to exchange seats in the car, and Mervin drives back to the accident scene. He offers apologies and gives Lemuel his insurance information. Mervin would have committed insurance fraud, because his insurance company might not have paid the claim to Lemuel if they knew that Cassius was driving the car and not Mervin.

Offenses that are Related

Life settlement fraud in the third degree: New York Penal Code § 176.55

Health care fraud in the third degree: New York Penal Code § 177.15

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Insurance fraud in the fifth degree: New York Penal Law § 176.10

Insurance fraud in the fourth degree: New York Penal Law § 176.15

Insurance fraud in the second degree: New York Penal Law § 176.25

Insurance fraud in the first degree: New York Penal Law § 176.30

Possible Defenses

You could not be prosecuted on an insurance fraud charge if you did not have intentions of defrauding the insurer.  For example, say you were in a car accident in June and you got a payment from your insurance company for the damage to your vehicle. Regardless, you never get the car fixed. Then, in November, you are involved in another car accident that resulted in further damage to your vehicle in the same spot where your car was already damaged from the accident back in June. It would probably be rather difficult, if not impossible, to distinguish the damage that occurred in the more recent accident.

The Sentence

Insurance fraud in the third degree is categorized as a class D felony offense.  If you are convicted, the judge could send you to jail for up to 7 years and you could be required to pay a fine. Additionally, the judge could sentence you to serve a probation term of 5 years. On top of that, the judge may order you to pay restitution to the victim. 

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now