What is Federal Insurance Fraud?
Federal insurance fraud cases are often extremely complicated, and they frequently involve multiple parties. This is a type of white-collar crime, and a type of fraud, that can be charged under federal or state law (and often under both). It can involve an actual claimant making fraudulent claims, a business or health care entity such as a physician or hospital making fraudulent claims, or a third party making fraudulent claims. When insurance fraud claims occur, they can involve the United States Postal Service (USPS), phone calls and emails, electronic claim submissions, and much more — thus the frequent complexity of these cases.
Fraud investigations, including insurance fraud investigations, often begin long before charges are brought. If you have any reason to suspect that you (or your business) are being investigated for insurance fraud, it is essential to seek legal advice as soon as possible. Likewise, if you know you are under investigation or have already been charged, you need a lawyer as soon as possible. In the meantime, our Tampa fraud defense attorneys can provide you with more details about insurance fraud charges under federal law.
Insurance Fraud Prosecuted as a Federal Offense
Under federal law, insurance fraud is prosecuted under a statute specifically designed for insurance fraud cases, 18 USC 1033. The statute applies to individuals and businesses alike “whose activities affect interstate commerce and knowingly, with the intent to deceive, makes any false material statement or willfully and materially overvalues any land, property, or security” in connection with any type of insurance claim.
Examples of types of offenses that can be charged as insurance fraud include but are not limited to:
- Making fraudulent claims or statements in an insurance claim;
- Filing a false insurance claim (for a service or coverage you are not owed for);
- Overvaluing an insurance claim;
- Unlawful participation in the insurance business; or
- Misappropriating or embezzling insurance company funds
Elements of a Federal Fraud Offense Under 18 USC 1033
What does a prosecutor need to prove in order to convict you of insurance fraud under federal law? The following are the key elements of the offense that must be proven:
- You engaged in the business of insurance;
- Your activities affected interstate commerce;
- You made a material false statement or report;
- You made the statement or report with the intent to deceive; and
- Your statement or report was officially submitted.
Intent is essential — if you make an unintentional mistake, you cannot face federal insurance fraud charges.
Contact Our Tampa Criminal Defense Attorneys for Help Defending Against the Insurance Fraud Charges You Are Facing
Insurance fraud is an extremely serious criminal offense that can result in charges under federal or state law. Though this is a common type of white-collar crime, it is essential to keep in mind that it is taken extremely seriously by prosecutors. To be clear, you will not be facing a lighter sentence because this is a white-collar offense. In fact, the opposite can be true, especially depending on the facts of the case and the nature of the specific allegations against you. To avoid prison time and a potentially devastating monetary fine, you should seek assistance from one of the experienced Tampa fraud defense lawyers at the Law Offices of Daniel J. Fernandez, P.A. today. Contact us to find out more about the federal criminal defense services we provide to clients.
Source:
law.cornell.edu/uscode/text/18/1033
