Insurance fraud is a serious charge to have leveled against you. If you have been accused of an insurance fraud crime in the state of New York, regardless of the severity of the charge, you need to contact experienced legal representation. Federal Lawyers is an NYC-based group of lawyers who can help you understand your case and provide the best defense possible given the circumstances.
Many people who are accused of insurance fraud find themselves easily frustrated and overwhelmed by the situation. This is part of why having the guidance of an attorney is so imperative. The prosecution and the law enforcement officials are not your friends. You should utilize your right to remain silent as well as your right to an attorney. Let your lawyer speak for you when they arrive.
Any kind of insurance fraud is considered a serious offense. Insurance fraud is committed when a person knowingly gives an insurance company false information to gain something valuable in return. It’s also necessary that the person would not have obtained this property or compensation if the true facts had been known to the company. Sometimes unintentional actions can be defended in court, but you still need an attorney to help.
It doesn’t matter what kind of insurance the company provides. Any insurance industry can be part of a defrauding scheme. The most commonly involved insurance industries are:
- Title insurance companies
- Life insurance companies
- Mortgage companies
- Health insurance companies
Medicaid and Medicare fraud is also common. Even though this type of fraud concerns government resources and programs rather than a corporation, you could still be charged with insurance fraud.
Insurance law is a complex web of different issues regarding single policy holders, business policy holders, and the insurance companies at large. The number of challenges in the deciphering and comprehension of insurance law mean that you will need to hire an attorney to understand all of the elements of your situation.
It’s common for issues and challenges to appear in these cases — not just for you, but for the prosecution as well. Your attorney will need to analyze the insurance policies to determine whether fraud was committed when working within the language of the policy. Your attorney will also need to handle questions about your insurance coverage along with any agreements made directly with the involved insurance company.
There’s a good chance that you will face additional charges if you are charged with insurance fraud. A grand larceny charge might apply if you tried to obtain or did obtain property or compensation that was valued at more than $1,000. For amounts less than $1,000, you might face a petit larceny charge. If any other white collar crimes occurred alongside the insurance fraud, the charges will be brought against you during your arraignment.
“Fraud” is a broad term that can apply to a variety of different actions. Intentional misrepresentation, failure to disclose, financial misrepresentation, and promises made without the intention of following through are all ways of committing insurance fraud.
These are the penalties for varying insurance fraud charges:
- Insurance fraud in the first degree: The most severe case, classified as a class B felony with fines of up to $1,000,000 and a potential prison sentence of up to twenty-five years
- Second degree charges: A class C felony with a maximum sentence of fifteen years in prison and up to fifty thousand dollars in fines
- Third degree charges: A D felony with a maximum penalty of $3,000 in fines and seven years in prison
- Fourth degree charges: An E felony with a maximum penalty of $1,000 in fines and four years in prison
NYC Insurance Fraud Lawyers
During these challenging economic times, insurance fraud crimes have been on the increase in New York. If you’re facing prosecution for some type of insurance fraud crime, you must understand your essential rights. You also need to understand the importance of taking a proactive stance in retaining the services of a skilled,
experienced New York insurance fraud lawyer like a member of the legal team at the
There are four types of insurance fraud crimes that are most common in New York at this juncture in time. These are:
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(212) 300-5196- automobile insurance fraud
- health insurance fraud
- personal injury fraud
- worker’s compensation fraud
Automobile Insurance Fraud
The number of cases of automobile insurance fraud has been on the rise in New York in recent years. The most common type of automobile insurance fraud case involves a person staging the theft of his or her car. The individual who staged the theft then files what is in fact a fraudulent claim with the insurance company seeking compensation for the “stolen car.”
Health Insurance Fraud
Health insurance fraud is another type of scenario that is happening with increasing frequency in this day and age. This type of crime involves a healthcare professional filing false insurance claims. There are instances in which a patient is participant in the fraudulent scheme and is given a cut of the money obtained by the healthcare provider.
Personal Injury Fraud
The third type of the most common types of insurance fraud cases in New York is personal injury fraud. In basic terms, personal injury fraud when a person fakes an accident and then pursues an insurance claim. These types of cases come in many forms. They can include everything from stages car accidents to phony slip and fall cases.
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Worker’s Compensation Fraud
Worker’s compensation fraud is yet another type of crime in this category. In this situation, a person fakes some sort of work-related injury in hopes of obtaining worker’s compensation benefits.
Your auto insurance company is accusing you of staging a car accident in Brooklyn after surveillance footage surfaced that they claim shows you deliberately rear-ending another vehicle driven by someone you know. Investigators from the New York State Department of Financial Services have contacted you and want to schedule an interview about the claim you filed for vehicle damage and medical expenses.
Can I really face criminal charges just for filing an insurance claim that the company thinks is fraudulent?
Absolutely — in New York, insurance fraud is prosecuted under Penal Law Article 176, and depending on the dollar amount involved, charges can range from Insurance Fraud in the Fifth Degree (a Class A misdemeanor for claims under $1,000) all the way up to Insurance Fraud in the First Degree (a Class B felony for claims exceeding $1 million), carrying up to 25 years in prison. Beyond state charges, if your claim crossed state lines or involved a federally regulated insurance program, you could also face federal wire fraud or mail fraud charges under 18 U.S.C. §§ 1341 and 1343. Do not speak with investigators or the insurance company's special investigations unit without an attorney present, as anything you say can be used to build a criminal case against you. An experienced insurance fraud defense lawyer can challenge the sufficiency of the evidence, negotiate with prosecutors, and protect your rights throughout the process.
This is general information only. Contact us for advice specific to your situation.
Retain an Experienced, Tenacious New York Insurance Fraud Lawyer
The first step in retaining the services of a skilled and qualified New York insurance fraud attorney is to schedule an initial consultation with the Federal Lawyers. The attorneys at the Federal Lawyers have extensive backgrounds in representing people facing prosecution for insurance fraud.
During an initial appointment with Federal Lawyers, an attorney provides you with an evaluation of your case. You will also be able to raise any questions that you might have about your situation. There is no fee charged for an initial consultation with a New York insurance fraud lawyer from the Federal Lawyers.
You should take a proactive stance to consulting with legal counsel. For example, if you become aware that you are being investigated for some type of insurance fraud crime, you should contact Federal Lawyers. Indeed, you should reach out to legal counsel before you agree to any type of questioning by law enforcement or an investigator working on the case.
