Posts Tagged ‘ Insurance Fraud ’

WHAT CONSTITUTES INSURANCE FRAUD?

Posted on: July 31, 2015 by in Criminal Defense
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California Penal Codes 484, 487, 488, and 666

Orange County criminal defense attorneyInsurance fraud happens if someone deceives an insurance company to obtain funds to which that person is not entitled. The most common insurance fraud is the false or exaggerated claim that seeks compensation for injuries or property damages that were not actually suffered. But insurance fraud also happens when con artists sell fraudulent insurance policies to unsuspecting victims or when agents or brokers steal or otherwise divert legitimate insurance payments made by policyholders. Insurance fraud cases can be complicated and detailed, and simply being charged with the crime doesn’t mean you’re guilty. If you are accused of insurance fraud in Orange County or elsewhere in southern California, take your case immediately to an experienced Orange County criminal defense attorney.

“Premium diversion” happens when you make a payment on a legitimate policy, but the agent or broker steals and pockets your payment rather than applying it to your policy. In some cases, victims have paid for years and then filed a claim only to learn that they actually have no policy. Insurance fraud also happens when a doctor, an auto mechanic, or any other service provider inflates the charge for services or simply bills an insurance company for work that was never performed.

Hire an Orange County Criminal Defense Attorney

To convict someone for insurance fraud under California Penal Codes 484, 487, 488, or 666, a prosecutor must prove that the suspect intentionally acted to benefit from a false claim or false billing. If you mistakenly, genuinely believed that your claim was legitimate, and you had no criminal intent, you are not guilty. In most instances, insurance fraud is prosecuted as a felony. Fines and prison time are the typical penalties for insurance fraud convictions, although individual sentences depend on the details of the crime and the amount of money involved. A court may also order the payment of restitution to victims. If you are charged with insurance fraud in southern California, it is considered a serious crime and it is aggressively prosecuted, so don’t even think about going to court by yourself. If you’re accused of the crime, arrange at once to speak with an experienced Orange County criminal defense attorney.