What Happens If You Are Arrested in New York City For Insurance Fraud

New York City insurance fraud prosecutors areaffidavit, certification, etc.
on warpath. Really. People get indicted for all kindsInsurance Fraud in New York is a third degree
of insurance fraud in New York City every week.crime. Under N.Y.S.A. 2C:21-4.5(d), it can be
That certainly keeps New York insurance fraudupgraded to a second degree crime if the
lawyers busy. And, get this: it's much easier todefendant knowingly commits five or more acts
get in trouble for insurance fraud that mostof insurance fraud and if the aggregate value of
people think. So, what can you do to violate oneproperty, services, or other benefit wrongly
of New York City's numerous insurance fraudobtained or sought to be obtained is at least
statutes - and what will happen if you're caught?$1,000. Each act of insurance fraud is considered
Well, for starters, you can submit a claim foran additional separate crime. Five or more
payment, reimbursement or other benefit fromseparate acts may be combined to establish
an insurance company or the Unsatisfied Claimcriminal liability for fraud. And, just because you're
and Judgment Fund of New York as discussed inindicted for fraud doesn't mean you can't be
N.Y.S.A. 2C:21-4.6(a)(1). You can also file anindicted for other offenses as well. New York
application to obtain or renew an insurance policy.third-degree crimes carry a maximum sentence
N.Y.S.A. 2C:21-4.6(a)(2). Obviously, it involves moreof five years in prison and a $15,000 fine.
than filing an application or submitting claims.Second-degree crimes may get you a maximum
Think about signing or submitting affidavits,sentence of 10 years in state prison and a
certifications, records, or any other paperwork$150,000 fine.
used in any insurance or premium financeA word of advice. In most insurance fraud cases,
transaction. The list really goes on. You playpolice will not show up at your door at 5 a.m. with
games with an insurance company, and you mayan arrest warrant. You will usually receive a call
soon be in the sights of fraud prosecutors.from an investigator, from the insurance
What should the State prove to convict one ofcompany or the prosecutor's office, who will ask
fraud? That's easy.you questions about your insurance transactions,
The prosecutors must prove that you haveclaims, etc. They may tell you that you are being
made, or have caused to be made, a false,investigated for fraud.
fictitious, fraudulent, or misleading statement ofThe most natural reaction of most people in this
material fact in any record, bill, claim or othersituation is to talk, and talk and talk to the
document, in writing, electronically or in any otherinvestigator. Makes you feel good, right? Sort of
form. Alternatively, you must have omitted oreases you conscience.
caused to be omitted, a material fact from anyIt may be so, but you're helping them to build
record, bill, claim or other document, in writing,their case against you. So, this is the second to
electronically or in any other form. Finally, N.Y.S.A.worst choice.
2C:21-4.6(a) requires the State to prove that youThe worst choice is to tell the investigator to go
have done all those terrible things knowingly. Asto hell and stop bugging you. The best choice is to
New York insurance fraud lawyers, we makepolitely reply that you are interested in discussing
sure the State has a hard time proving all this.the case with them in the presence of your
Every case is different, of course, and no lawyerlawyer, take their number, and promise them that
can win every case. Sometimes the evidence isyour lawyer would be calling them.
just overwhelming. Sometimes, the law makes itThen, you guessed it right, you should call a good
easier for the State to prove guilt. For example,New York insurance fraud lawyer and take it
N.Y.S.A. 2C:21-4.5(c) allows the court to make anfrom there. If you are accused of insurance fraud
inference of intentional fraud from the fact that ain New York, please call upon us to help you.
person signed or submitted an application, claim,