Insurance fraud has become a significant issue and law enforcement officers have joined with prosecutors in an effort to curb it.
If you have been arrested and charged with insurance fraud, you need to contact criminal defense attorney Michael Anzalone, who is well-versed in defending cases in which clients are facing similar issues.What is Insurance Fraud?
This is any act that is committed to obtain something fraudulently from an insurance policy. It could be a benefit or other advantage or cash value that you are not otherwise entitled to. This is something that has always existed, but has become more prevalent in the age of the internet, where it is easier to commit this kind of fraud.
The most common types of insurance fraud, according to the FBI, is fee churning, asset diversion, workers compensation and premium diversion.
A false insurance claim is done with the intent of defrauding an insurance company. And in New Hampshire, this is a serious matter that comes with serious consequences upon conviction.
The state statutes address insurance fraud in RSA 638:20.
According to the state, a person is guilty of insurance fraud if:
Such person knowingly and with intent to injure, defraud or deceive any insurer, conceals or causes to be concealed from any insurer a material statement, or presents or causes to be presented to any insurer, or prepares with knowledge or belief that it will be so presented, any written or oral statement including computer-generated documents, knowing that such statement contains any false, incomplete or misleading information which is material to:
- An application for the issuance of any insurance policy.
- The rating of any insurance policy.
- A claim for payment or benefit pursuant to any insurance policy.
- Premiums on any insurance policy.
- Payments made in accordance with the terms of any insurance policy.
Just so you can understand the seriousness of this kind of charge, here are the penalties upon conviction.
It is considered a Class A felony if the value of the fraudulent potion of the claim for payment or other services is more than $1,500.
It is a Class B felony if the value of these payments and/or services is more than $1,000 but less than $1,500.
And it’s a misdemeanor if it’s under $1,000 in value.
There are strict penalties, which are laid out in the state’s criminal code. This includes a stipulation that anyone convicted of violating something related to workman’s compensation will be prohibited from participating in public works projects for no less than one year and not more than 3 years.
As you can see, this is a serious crime that is just not worth it. You will probably get caught and likely will be convicted. It is up to you and your attorney to build a strong defense case, but it may be an uphill battle.
At The Anzalone Law Firm in Nashua, New Hampshire, we stand ready to help you and we will not judge you. It is our goal to get the very best possible outcome for you.
Please fill out our online form to schedule a free consultation with Michael Anzalone.