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Insurance Fraud

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Insurance fraud occurs when someone knowingly and unlawfully attempts to falsify information in order to obtain a settlement through an insurance policy.

Common Fraud Schemes Include the following:

  • Health Insurance Fraud where false claims occur right through to government types of insurance fraud through Medicare and Medicaid programs.
  • Falsifying Death Certificates in order to falsely cash in on life insurance policies.
  • Automobile insurance fraud can include everything from arson of motor vehicles through to staged accidents or other false insurance claims against automobile policies.
  • Defrauding a home insurance company for a fradulent property damage claim. You would need to retain a Criminal Defense Attorney to help with Home Insurance Fraud Charges.

All of the aforementioned actions violate insurance fraud law, and in turn, will return criminal charges following an insurance fraud investigation, which can lead to criminal convictions and insurance fraud sentencing penalties under applicable federal or state criminal codes.

Insurance Fraud Penalties

Insurance fraud accounts for billions of dollars in lost taxpayer dollars and results in increasingly high insurance rates for everyone. The penalties for insurance fraud charges are significant and are typically stepped to reflect the seriousness of the fraudulent claim as well as the number of claims made in the particular charge. Each different insurance fraud will be treated as a separate count or charge, so rings that have operated several scams often have hefty penalties even on a first arrest.

Possible Penalties

  • Jail time
  • Significant fines
  • Probation
  • Parole
  • Restitution
  • Community service

Insurance Sentencing

The cost to the society as a whole has made sentencing for insurance fraud cases very harsh, even for first offenders. Typically a judge or court will order very high fines and restitution as well as some jail time in most situations. An attorney is essential to work with the courts to attempt to lower your fines and jail time, or to even have the court consider alternative sentencing if there were mitigating circumstances.

Hiring An Attorney For Insurance Fraud

There are some situations that may result in dropped or decreased charges for insurance fraud, especially if you were unaware of the fraudulent activity of another party in the scam. Working with an attorney that will represent your interests in court and attempt to get the charges decreased or minimized to a misdemeanor is important. Insurance fraud charges will have a very negative impact on your life and may make it almost impossible for your to find insurance or gainful employment after the sentence is completed.

Insurance Fraud: Fines and Jail by State

Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!

StateAvg. FinesAvg. JailAvg. ProbationOther
Alabama$10,000-$100,0001 year-7 yearsup to 3 yearsJudge may order restitution.
Alaska1000 $one year Varies by Case
Arizona$10,000-$25,000up to 5 yearsup to 3 yearsJudge may order restitution.
Arkansas$500-118000.0011 years5 yearscommunity service
California$50,000-2,50,000.8-16 years.1-5 years.
Colorado$5000-$750000.18 months-25 years12 yearscommunity service
Connecticutup to $25,000up to 5 yearsup to 2 yearsJudge will more than likely order restitution.
Delaware$5,000-50,000.5-15 years.46-57 months.
District of Columbia100%-15000%3 Months2 years
Florida$0-$25,00010 yearsVaries by CaseLicenses taken away.
Georgia$10000-18700011 years3 monthscommunity service
Hawaii25000up to 10 yearsVaries by Case
Idaho69001-7 years3-36 months
Illinois$5,000-50,0001-5 years3-7 years
Indiana$50,000-2,00,000 .7-16 years.46-57 months
Iowa$10,000-$100,000up to 5 yearsup to 3 yearsJudge may order restitution.
Kansas$1000-25000upto 15yearsupto 6 months
Kentuckyup to $10,000up to 5 yearsup to 3 yearsJudge may order restitution and/or community service. May not be allowed to vote depending on verdict.
Louisiana$ 1000 - $ 5000 or depending uopon thes eriousnes of the fraud 1 year Varies by Casegeneral fine
Maine$10,000-$100,000up to 5 yearsup to 3 yearsJudge may order restitution.
MarylandVaries by CaseVaries by CaseVaries by Casepenalties based on the amount of money involved.
Massachusetts$900-$500012 years1 yearcommunity service
Michigan500004 years in prisonVaries by CaseMandatory restitution
Minnesotaup to $20,000up to 10 yearsVaries by Case
Mississippi$1,000-$100,000up to 5 yearsup to 3 yearsJudge may order restitution.
Missouri250015 years seven yearscommunity service
Montana5000010 years10 yearsIf the value of the fraud exceeds 1,000 the penalty and fines can range up to 10-years prison, and up to 50,000 in fines.
NebraskaVaries by CaseVaries by CaseVaries by Casepenalties based on the amount of money involved.
NevadaVaries by CaseVaries by CaseVaries by Casepenalties based on the amount of money involved.
New Hampshire$2500-10,00018months-15 yearfive yearscommunity service
New Jersey$10000 -150005 years1 yearcommunity service
New Mexico$5,000 -250,000 10-24 MonthsVaries by Casecommunity service
New Yorkup to 15,000Varies by CaseVaries by Case
North Carolinaupto $2500upto 2 yearsVaries by Case
North DakotaUpto $5,000Upto 5 yearsVaries by CaseRestitution, Court costs
Ohio100,000 max3 years max5 years mincommunity service
Oklahoma$2,500-$10,000up to 5 yearsup to 2 yearsJudge may order restitution.
Oregon100000maximum five yearsVaries by Case
Pennsylvania$10000-2000005 -7 years3 yearscommunity service
Rhode Island$1,000-$10,0001 year-5 yearsup to 1 yearJudge may order restitution.
South Carolina$5,000-50,000upto 5 years 1-7 years
South Dakota5000five yearsseven years community service
Tennessee$500.00-10,0005-10 years2 yearscommunity service
TexasValue of fraudulent claim (ie. $10,000 claim, only $7,000 valid. Fine would be $3,000)If claim is more than $1,500 but less than $20,000 Felony jail time up to 5 years. Over $20,000 is case by case basis of jail time. Case by CaseCommunity Service
Utah$400-50000upto 5 years 12-36 months
Vermont500010 yearsseven years community service
Virginia$10,000-$15,00018-60 monthsVaries by Caseabove is for each count convicted.
Washington$1000-2,50,000.10-16 months.3-20 years.
West Virginia$10000-250000 18 months -10 years1 yearcommunity service
Wisconsin$5,000-50,000 1-10 yearsupto 5 years

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