Fraudulent insurance can be either a felony or a misdemeanor such as Assault, Criminal Battery, Domestic Violence, Drug-Related Crimes, DUI / DWI, etc. It is very difficult after conviction, can be granted an insurance claim; but in certain Pleadting of hereditary cases, law firms or insurance can make certain exceptions.
How T o Defend From Misdemeanor and Felony
As children, most people are taught the difference between right and wrong and are raised as children to obey the laws and rules set by society and the local, state, and federal governments. Although most individuals carry these lessons into adulthood and are able to follow the letter of the law, there are many instances where an individual in society will break a rule, whether minor or major.
Minor offenses like speeding, moving violations, and failure to yield the right-of-way are considered to be civil infractions, and typically result in traffic tickets and fines only. The individual may face suspension of his or her driver's license if he or she is found to have repeatedly broken the law or failed to comply with fines or court orders, but such infractions rarely include jail time.
Other traffic fines like failure to carry automobile insurance, driving on a suspended license, and other charges may be considered to be criminal charges and can fit under the category of a misdemeanor. Other misdemeanors include minor-in-possession of alcohol, driving with an open container, incidental assault charges, and other criminal infractions that are not considered to be of the felony level.
Finally, felony charges may include theft, burglary, assault, robbery, auto theft, battery, and other serious crimes. Felony charges often entail heavy fines and may include incarceration and criminal rehabilitation. If a person is charged with a felony, he or she may be forced to surrender their livelihood and follow the orders of the court.
Strangely enough, persons charged with a misdemeanor that does not require jail time often have fewer options than persons charged with a felony crime. Individuals facing felony charges have the right to an attorney and may choose to face a grand jury to defend themselves of the crime. If a person is facing misdemeanor charges that do not include any jail time, he or she may not be able to call upon an attorney, and usually will face no more than a six-person jury if the case goes to trial.
If you or someone you know stands accused of serious criminal charges, it is important to understand your legal options. By consulting an experienced criminal defense lawyer, you can discuss the specifics of your case and formulate a defense to present to the judge or jury.
Examples Of Insurance Fraud Felony
One of the greatest challenges insurance companies face is the ferreting out of insurance fraud. Wherever there is a chance that someone can get paid for submitting a fraudulent claim, there are also stupid people who are willing to give it a try.
Here are some recent examples. The names have been omitted to protect the stupid:
- Arson (I like this story because of the restaurant's name.)
JACKSONVILLE BEACH, FL: Two men were arrested and charged with insurance fraud after a 2008 fire at Wakey, Wakey Eggs & Bakey. The fire was set in the kitchen after the restaurant closed on May 5, 2008, and caused over $200,000 in damages.
One of the owners was arrested and charged with arson and filing false insurance claims. Mr. T., a contractor, was also arrested on the same charge. The building's owners had just evicted the restaurant owners for defaulting on the rent.
- Dumb Insurance Adjusters...there are a bunch of them.
BALTIMORE, MARYLAND: A Maryland woman pleaded guilty to writing company checks to herself and depositing the money into her own checking accounts while she was an insurance claims adjuster.
A woman pleaded guilty to one count of felony theft over $500. She was sentenced and ordered to pay back over $16,000 she had stolen from Nationwide Insurance Company between September 2006 and September 2007.
- Hometown Insurance Fraud...I missed out on all the fun.
KENT COUNTY, MICHIGAN: Grand Rapids, Michigan is known as the Furniture City, and is getting a reputation as a hub for medical research. But now it's become the Michigan Mecca for insurance fraud. Three of the top Five insurance fraud cases in Michigan in 2009 were committed in Kent County.
The top case was perpetrated by a dermatologist who bilked Medicare and other health insurers for over $2 million. He is in prison serving a 10-year sentence for double billing and charge for work he did not perform. The doctor owned a Tudor mansion on Reeds Lake, which he tried to sell for $7.7 million, and it was recently auctioned off by the bank for $1.75 million.
Next case involved an 80-year-old man who paid a former employee to torch his business so he could collect over $300,000. Third is an Alpine Township man who was sentenced in August to at least six years in prison for selling $40 counterfeit insurance policies to almost 500 people.
Insurance fraud is serious business since claims paid on fraudulent claims cost ALL of us higher premiums. It's no different than shoplifting at a retailer. Stores simply add the cost of their "shrinkage" to the cost of the goods you and I pay for. Report any suspected insurance fraud to the police. And know that most of the time, criminals get caught.
Fraud Felony is typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.