New York Insurance Fraud Defense Lawyer
Insurance fraud is a white-collar crime that involves some sort of deceptive act made in connection with an insurance claim, plan, premium, or agreement. Insurance fraud has become a hot-button issue in recent years, and New York investigators and prosecutors are prepared to throw the book at anyone accused of the crime. Insurance fraud, moreover, is rarely charged alone. Typically, insurance fraud is accompanied by other white-collar criminal charges including grand larceny, identity theft, forgery, and falsification of business records. Insurance fraud defendants may also face federal charges, especially if the conduct involved a federal insurance provider like Medicare.
If you are facing accusations of insurance fraud, you need a seasoned white-collar criminal defense lawyer on your team as soon as possible. The dedicated insurance fraud defense team at Dupée & Monroe, P.C will help you understand the charges, understand your options, and build the strongest defense available. We’ll fight for your rights from day one of the government’s investigation until we get you the best outcome possible.
Defining Insurance Fraud in New York
The base charge, Insurance Fraud in the Fifth Degree, applies when a defendant is guilty of a “fraudulent insurance act.” A fraudulent insurance act includes any materially false statement or material concealment of information made to (or intended to be presented to) an insurer or made in connection with an insurance policy, plan, or application. The statute is intentionally broad, meant to encompass a wide range of potential fraudulent acts.
Insurance fraud may be charged as a more serious crime depending upon the monetary amounts involved. Specifically:
- Insurance Fraud in the Fourth Degree applies when the amount involved exceeds $1,000.
- Insurance Fraud in the Third Degree applies when the amount involved exceeds $3,000.
- Insurance Fraud in the Second Degree applies when the amount involved exceeds $50,000.
- Insurance Fraud in the First Degree applies when the amount involved exceeds $1,000,000.
Penalties for New York Insurance Fraud
The penalties for insurance fraud depend upon the severity of the crime. Higher degrees of fraud are punishable by significantly more years in prison and higher fines. Moreover, defendants charged with insurance fraud may face additional time for related charges, such as forgery or other forms of fraud employed in connection with the alleged insurance fraud scheme. For insurance fraud alone, the penalties are as follows:
- Fifth Degree: Class A misdemeanor punishable by fines, up to three years of probation, and up to a year in jail.
- Fourth Degree: Class E felony punishable by up to four years in prison.
- Third Degree: Class D felony punishable by up to seven years in prison.
- Second Degree: Class C felony punishable by up to 15 years in prison.
- First Degree: Class B felony punishable by up to 25 years in prison.
It’s important to understand your charges and your rights when facing insurance fraud allegations. An experienced insurance fraud defense attorney at Dupée & Monroe can help you understand your rights and the potential consequences for a guilty plea or conviction. With a strong legal defense team in your corner, you can negotiate a reasonable plea, undermine the prosecution’s case, see the charges reduced, and potentially get the case dropped entirely.
Compassionate Legal Help is Available for Insurance Fraud Charges from Our Hudson Valley Criminal Defense Lawyers
If you are under investigation for insurance fraud, or if you have been arrested and charged with fraud or other white-collar crimes under New York state law, contact Dupée & Monroe, P.C. for an insurance fraud defense lawyer in Goshen. We represent clients charged with insurance fraud and other serious offenses in Orange County and throughout the Hudson Valley.