21
Sep

Minnesota Insurance Fraud

Criminal Charges, Theft

One of the more common cases we are seeing now is insurance fraud. It’s the result of the insurance companies asking the government to crack down on alleged improper billing by professional service providers – such as chiropractors. With the minimum penalty being a felony – not to mention the potential consequences to any professional license – anyone facing insurance fraud charges or being investigated for the same needs to get an attorney immediately.

What is insurance fraud?

Essentially, insurance fraud is the making of a false representation to an insurance company with the intent that the insurance company will act on this false info so that the person can financially gain. This can be done in an application for medical, auto, and/or life insurance. And it can be done by professionals falsely charging for services not performed. Here are the most common types of fraudulent activities:

  • Concealing material facts on an application;
  • Falsely stating the amount of a claim;
  • Staging property damage – such as an arson;
  • Falsifying documents in an application;
  • Failing to report property recovered from an alleged theft;
  • Failing to disclose payments obtained from other sources for the damages; and
  • Falsely reporting property damage or theft in a claim.

The statute of limitations does not begin to run until the insurance company or law enforcement agency is aware of the fraud. But, there is a seven year cap from the date the act occurred by which charges must be commenced.

Criminal Penalties for Insurance Fraud –

Any violation is sentenced under the theft statute. The more money fraudulently gained leads to stiffer penalties – meaning a longer maximum prison sentence and/or higher fine. For a first time offense, a defendant is likely facing a stayed prison sentence with significant conditions of release. In addition to a fine, the defendant will likely be required to pay restitution to the victim.

If you are being investigated or are charged with insurance fraud, you need a team of Minnesota insurance fraud attorneys to help fight for you. It requires diligence in planning the appropriate strategy, knowing when to be aggressive, and how to raise the appropriate defenses. With almost 30 years of experience, the attorneys at North Star Criminal Defense are the team of lawyers you need.