Insurance fraud is considered a very serious crime in California, and can result in the imposition of severe legal consequences, such as federal and state level charges, a permanent criminal record, jail time, damage to one’s personal and professional reputations, and harsh monetary fines. There are many types of insurance fraud-related crimes, which can range from padding damage repair estimates to underreporting the number of employees that work for your business. Accordingly, if you are facing insurance fraud charges, or were arrested or are under investigation for this offense, it is crucial to work with an attorney who is qualified to handle these complex types of cases. Having a qualified lawyer who knows the ins and outs of insurance fraud cases and the nuances associated therewith can possibly make the difference between jail time and your freedom. It could also help you protect your livelihood, something that you spent a lifetime to build and maintain.
If you are facing insurance fraud charges, keep in mind that anything you say and do can be used against you by law enforcement and, a court of law. That is why it is important for you to assert your right to remain silent and to have a lawyer present before interrogation can resume. Also, insurance fraud crimes committed in California may be investigated by elite task forces involving state and federal investigators. This places prosecuting attorneys at a distinctive advance when bringing forth insurance fraud charges against an accused offender. Since they have ample resources to build a strong case against you, it is essential that you take action now and fight back with a qualified insurance fraud defense lawyer by your side.
At The Law Offices of David M. Boertje, our seasoned insurance fraud defense attorneys will take all measures necessary to fight for your legal rights and win. This involves conducting a thorough background of the evidence in your case, gathering evidence, securing credible witnesses, and aggressively representing you in all court-related matters. Rest assured that our talented team of legal professionals will do anything and everything to win your case, and ensure that your constitutional rights are safeguarded from day one. To schedule your free and completely confidential initial consultation, you can call our downtown San Diego office at (619) 229 1870. You can also reach us at our North County location in Carlsbad at (760) 476 0901 or visit us online.What Qualifies as Insurance Fraud?
In California, insurance fraud comes in many forms, the most common of which are as follows:
- Fraudulent medical insurance billing (committed typically by healthcare professionals and hospitals);
- Filing false auto accident or property damage claims;
- Filing false worker’s compensation claims;
- Arson committed for the purposes of collecting insurance proceeds;
- Worker’s compensation premium fraud committed by employers;
- Fraudulently denying worker’s compensation benefits to an eligible employee;
- Padding damage repair estimates (committed by auto body shops, home damage repair experts, etc.);
- Falsifying information on one’s application for insurance (whether medical, dental, homeowner’s, auto, worker’s compensation, etc.)
- Filing a false homeowner’s insurance claim; and
- Filing a false life insurance claim.
In California, there are various laws that apply to insurance fraud, including:
- California Penal Code § 548(a) – This provides that “[e]very person who willfully injures, destroys, secretes, abandons, or disposes of any property which at the time is insured against loss or damage by theft, or embezzlement, or any casualty with intent to defraud or prejudice the insurer, whether the property is the property or in the possession of that person or any other person, is punishable by imprisonment . . . for two, three, or five years and by a fine not exceeding fifty thousand dollars ($50,000).”
- California Penal Code § 549 – A conviction of three years or less in jail may be imposed if a person solicits, accepts, or refers business to or from another business or person with the intent to defraud an insurance company.
- • California Penal Code § 550 – Under this section, it is either a misdemeanor or felony crime (up to five years in prison) if a person commits any acts that include, but are not limited to, the following:
- Makes or aids in making a false insurance claim;
- Makes several claims for the same injury or loss;
- Knowingly cause an auto accident with the intent to collect insurance money;
- Knowingly file a false or fraudulent medical insurance claim with the purpose of collecting money; and
- Submit information to support a false or fraudulent insurance claim.
If you or a loved one is facing insurance fraud or other serious criminal charges in San Diego or the North County area, it is crucial to hire a skilled criminal defense lawyer to help you. Contact The Law Offices of David M. Boertje today to learn more about our comprehensive legal services. When you meet with one our seasoned insurance fraud defense attorneys, we will take the time necessary to answer all your questions, and will also assist you in mounting strong defense strategies on your behalf. Don’t sacrifice your constitutional rights, freedom and livelihood by representing yourself. Call us now to schedule your free and completely confidential initial consultation. We can be reached at our downtown San Diego office at (619) 229-1870. You can also contact us at our North County location in Carlsbad at (760) 476-0901, or visit us online. We look forward to providing you with superior criminal defense representation.