Joseph Potashnik is an attorney in New York City and Northern New Jersey practicing criminal defense and civil litigation. You can visit his websites at http://www.jpdefense.com (for NYC) and http://www.jpcriminaldefense.com (for NJ)
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New York Insurance fraud is a broad term that includes numerous acts the law considers illegal. And yes, all of them are related to stealing from insurance companies. Insurance fraud in New York and virtually all other states are probably the most commonly prosecuted white collar crime.
Recent legislation and general policy of insurance fraud crackdown changes released state and local prosecutors and investigators after unexpecting (and expecting) insurance fraudsters. Insurance fraud prosecutions and indictments statewide have dramatically increased as the result. Unfortunately, many individuals accused of insurance fraud in New York are not even aware what it is they’ve done wrong. This article provides some basic information on what is New York insurance fraud.
New York insurance fraud lawyers are busy defending people against charges of health insurance fraud, auto insurance fraud, 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 New York insurance fraud charge is insurance fraud in the fifth degree, a class A misdemeanor. 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. $3,000 makes it insurance fraud in the third degree is a class D felony. $50,000 means insurance fraud in the second degree is a class C felony, and, finally, stealing a million dollars will make one guilty of insurance fraud in the first degree, a class B felony.
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 is a class D felony.
Insurance fraud investigation normally takes time. Police rarely arrest people suspected of insurance fraud without warrant and some investigation. When an investigation is underway, the suspect will receive a letter or a telephone call from an investigator. The person’s actions at that point may determine the outcome of the case. The worst that can be done is voluntary submission of any information to the investigators who are trained in gathering incriminating information and building cases against suspects. The better way is to talk to an attorney immediately and protect your rights. Investigators will not question persons who wish to consult an attorney. An experienced New York insurance fraud lawyer, if timely retained, may mitigate future damages and in some cases even convince prosecutors not to proceed with the case.
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