If you have been accused of insurance fraud, your first inclination might be to panic. You might be confused by the accusations that you face, and fearful of the long court process ahead. While it is natural to be concerned, it is important that you do not panic at this time! With the help of an experienced criminal defense attorney, you can establish a defense to the crimes that you are charged with and minimize the impact of your arrest.
Our lawyer and staff at Cummings Law Firm will provide the basic information that you need if you have been accused of insurance fraud or another type of white collar crime. Start building your defense today by contacting us. Based in Waterbury, we serve in Danbury, Torrington and throughout the region.
Federal vs. State Insurance Fraud
Insurance fraud is considered a white collar crime, which in many cases is a federal crime. If you face a federal charge of insurance fraud, your case will differ from someone charged with a state crime. When charged with a federal crime, a federal agency will oftentimes get involved in your case. You might be prosecuted by local police officers as well as a federal agency such as the FBI, CIA, DEA or another agency. If you are just being prosecuted by the state, the local police will be in charge of investigating you and bringing charges against you.
- Another significant aspect of your case that will differ based on a federal or state charge is where you will be prosecuted and by whom. If you are charged with a federal crime, your case will likely take place in a federal court. In addition, you will be prosecuted by the U.S. Attorney's Office. If your case goes to a federal court, you should not hire the average criminal defense attorney. You need an attorney with experience in federal court, as these cases can differ from the state cases.
- Make sure that you have an experienced criminal defense lawyer who has defended clients in federal court before you go to federal court. On the other hand, if you face a state insurance fraud charge, you will be prosecuted in a state courthouse by the state's attorney. If you are dealing with a state charge, any criminal defense lawyer with experience in insurance fraud can help you with your case. Of course, it is always important to carefully consider a lawyer before you decide to hire him or her, as all lawyers are not created equal.
Types Of Insurance Fraud
There are several different forms of insurance fraud, but these types are defined in the same basic way. Insurance fraud occurs when one person intends to use an advantage or a benefit that is not rightfully his or hers. You will be charged with insurance fraud if you use fraudulent means to obtain a benefit that you are not entitled to. A person is not the only entity that can commit insurance fraud. A whole company can commit insurance fraud if it tries to take advantage of the benefits that it is not entitled to. In some cases, when insurance fraud is committed, it robs someone else of his or her benefit. In other situations, insurance fraud takes a benefit or an advantage from a company.
A few of the most common forms of insurance fraud include:
- Health care fraud.
- Automobile insurance fraud.
- Life insurance fraud.
These types of fraud are fairly self-explanatory. You commit health care fraud if you intentionally submit false information in order to take advantage of health care benefits. You can also be found guilty of health care fraud, if you cause or help someone else to submit false information in order to obtain health care benefits.
Automobile insurance fraud occurs, when you deceive an insurance company for your own or someone else's financial gain.
If you lie or deceive a life insurance company in order to obtain life insurance advantages or benefits, you will be arrested for life insurance fraud.
In most cases, insurance fraud is considered a felony. If convicted, you will face thousands of dollars in fines and years in court, as well as a prison sentence of several years. To protect yourself from this conviction, you need to start building your defense as soon as possible. Once you receive a target letter or you are arrested for insurance fraud, you need to begin building your case.