NY Penal Law § 176.10: Insurance Fraud in the Fifth Degree.

What is Insurance Fraud?

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.

Pursuant to the New York criminal code, you will have committed a fraudulent insurance action if, with intent to defraud, you give any written statement as part of an insurance application or claim for benefits that contains untrue information or that conceals required information.

Common Examples of Insurance Fraud

Some examples of insurance fraud include burning property to collect an insurance payout, falsely claiming that a vehicle was stolen in order to collect the insurance payout, falsely claiming that property was damaged in an accident or lost to theft during a burglary when it was not, or overstating the dollar value of stolen or damaged items.

The Specific Charge: Fifth Degree Insurance Fraud

In the New York criminal code, there are a number of different insurance fraud offenses. If you do commit a fraudulent insurance act, the specific insurance fraud charge you would be looking at 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.

While the majority of insurance fraud crimes are felonies, there are a few that are misdemeanors, including insurance fraud in the fifth degree. Pursuant to New York Penal Code § 176.10, you will be charged with insurance fraud in the fifth degree if you commit a fraudulent insurance act and the amount of money you received or that you attempted to receive was $1000 or less.

Two Examples