An insurance fraud conviction can have serious legal consequences, especially if you’re charged with a federal offense. Insurance fraud can be charged as a state or federal crime, punishable by decades in prison, heavy fines, and other harsh penalties.
If you’ve been charged with insurance fraud or related crimes, an experienced criminal defense attorney can help protect your rights and challenge the prosecution’s side of the story.
What Is Insurance Fraud?
Insurance fraud occurs when someone intentionally deceives an insurance company to get benefits or compensation they wouldn’t otherwise receive. For example, insurance fraud includes exaggerating losses after a car accident, filing a false disability claim, faking a death to commit life insurance fraud, or submitting a fraudulent report of property damage. It can also involve schemes like staged accidents to commit workers’ compensation fraud or falsified business records filed with the federal government.
While many people assume this is only a state-level issue, insurance fraud can be investigated and charged federally. This typically depends on the specific facts of the case. However, since insurance fraud is considered a serious offense, state and federal agencies often coordinate to detect and prosecute these crimes.
When Is Insurance Fraud a Federal Crime?
Although many insurance fraud cases are state crimes, they can rise to the federal level under several circumstances. Insurance fraud becomes a federal crime when it affects interstate commerce, involves federal insurance programs such as Medicare or Medicaid, or utilizes mail or wire communications to facilitate the scheme. Federal prosecutors may include conspiracy charges if two or more people worked together to defraud insurance companies.
Federal agencies, such as the FBI, U.S. Postal Inspection Service, and National Insurance Crime Bureau, often investigate these cases, especially when significant financial losses are involved.
Penalties for Federal Insurance Fraud
The insurance industry takes these cases seriously. Convictions can carry substantial penalties, although the specifics depend on whether you’re charged at the state or federal level. Under federal law, insurance fraud is punishable by up to 20 years in prison and substantial financial penalties, as outlined in 18 U.S.C. § 1341 and § 1343. If the fraud affects a financial institution, the sentence can escalate up to 30 years in prison and a fine of up to $1 million.
In addition to incarceration and financial obligations, a conviction can lead to restitution, a permanent criminal record, and long-term personal and professional consequences.
What to Do If You’re Under Investigation
If you discover that you’re under investigation for federal insurance fraud charges, take immediate action to protect yourself. Federal investigators build complex cases over many months before filing formal charges, and anything you say or do can be used against you later.
Here’s what to do:
- Avoid making any statements to investigators without legal counsel present.
- Gather any relevant paperwork, emails, and records that may help your defense.
- Contact a qualified defense attorney as soon as possible.
The federal system often differs from the state system in terms of procedures, discovery, and trial practice. Working with a federal criminal defense attorney is key.
Contact Our Insurance Fraud Defense Attorneys for Help
Facing an insurance fraud charge is intimidating, but you don’t have to do it alone. Keith Oliver Criminal Law has defended clients throughout New Jersey against serious state and federal charges, including fraud and conspiracy.
At our firm, you’ll work directly with experienced attorneys who know how to defend against the prosecution’s arguments and protect your rights. Our team is proactive and thorough, whether that means negotiating with prosecutors or taking a case to trial.
Contact Keith Oliver Criminal Law today for a free consultation.
