New York City criminal defense attorneys of Joseph Potashnik and Associates PLLC represent clients accused of various insurance fraud offenses in New York.
New York Insurance fraud is a broad term that includes numerous acts the law considers illegal. All of them are related to stealing from insurance companies. Insurance fraud is one of the most commonly prosecuted white-collar crimes.
Insurance fraud prosecutions and indictments in New York have dramatically increased as the result of the recent changes in legislation and general policy aimed at insurance fraud crackdown changes. Unfortunately, many individuals accused of insurance fraud in New York are not even aware what it is they’ve done wrong.
Our New York City insurance fraud lawyers are highly experienced in defending clients charged with insurance fraud related to health insurance, auto insurance, Medicaid fraud, unemployment benefits fraud, and welfare fraud.
So, what is fraud? In short, under section 176.05 of the New York Penal Code, a fraudulent insurance act is intentional and deliberate submission of an insurance application to an insurance carrier or its agents.
“Fraudulent” means either submitting false information or concealing, for the purpose of misleading, information concerning any material fact.
There are several degrees of New York Insurance fraud.
A default “generic” New York insurance fraud charge is insurance fraud in the fifth degree, a class A Misdemeanor that carries imprisonment up to one year.
All subsequent degrees vary as following: if in addition to the generic act of insurance fraud the person wrongfully obtains property with a value of more than $1,000, it is insurance fraud in the fourth degree is a class E felony with the potential imprisonment up to four years. $3,000 in illegal gain makes it insurance fraud in the third degree is a class D felony (up to seven years in prison). $50,000 in illegal gains means insurance fraud in the second degree is a class C felony (maximum 15 years of imprisonment), and, finally, stealing a million dollars will make one guilty of insurance fraud in the first degree, a class B felony (up to 25 years in prison).
A person who commits a fraudulent insurance act, and has been previously convicted within the preceding five years of any insurance fraud crime is automatically guilty of aggravated insurance fraud in the fourth degree – a class D felony.
Insurance fraud investigation normally takes time. Authorities rarely arrest people suspected of insurance fraud without a warrant and some preliminary investigation. When you first discover that you are the subject of an insurance fraud investigation, your actions at that point may determine the outcome of the case.
The worst thing you can do is voluntary provide information to the investigators who are trained in gathering incriminating information and building cases against suspects. The better option is to talk to an attorney immediately and protect your rights.
Investigators will not question persons who wish to consult an attorney. When you retain our experienced New York City insurance fraud attorneys early in the case, we may mitigate future damages and in some cases even convince prosecutors not to proceed with the case.
If you are under investigation for insurance fraud, contact our New York City insurance fraud attorneys today to schedule a consultation!