Insurance Fraud
Hamilton NJ Insurance Fraud Attorney
A major category of white collar crime is insurance fraud. The issue is so significant that the Mercer County Prosecutor’s Office has gone as far as to establish an Insurance Fraud Unit. If you are under investigation for this offense or have already been charged with a violation, an attorney at the Law Offices of Jonathan F. Marshall has the qualifications to fully protect your interests. Our team of criminal lawyers has over a century of combined experience, including time serving as prosecutors, to put into action on your case. We can help you fight any type of insurance fraud charge you may be facing, including those relating to:
- Automobile Insurance
- Medical Insurance
- Disability Insurance
- Healthcare Insurance
- Life Insurance
- Workers’ Compensation
- Homeowner’s Insurance
Whether you have been accused of inflating damages in your claim, making a misrepresentation of health for disability coverage or some other variety of fraud, a skilled lawyer is exactly what you need to protect your future. The defense attorneys at our firm possess this level of ability and defend insurance fraud offenses throughout the county including those arising in Hamilton, Trenton, Lawrence, Princeton and Ewing. Call 609–683–8102 for an immediate free consultation.
Insurance Fraud Offense in Mercer County New Jersey
The offense of insurance fraud is contained at N.J.S.A. 2C:21-4.6 of the New Jersey Criminal Code. Subsection (a) of this law is directed at misrepresentations and fraudulent conduct made in conjunction with a claim for payment, reimbursement or other benefit pursuant to an insurance policy, in an application to obtain or renew an insurance policy, a payment made or to be made in accordance with the terms of an insurance policy or premium finance transaction, or an affidavit, certification, record or other document used in any insurance or premium finance transaction. Subsection (b) concerns automobile insurance fraud, for example, misrepresenting that you are a resident of New Jersey or another state or that a vehicle is principally garaged in New Jersey or another state.
In order for a violation of 2C:21-4.6 to occur, there must be some variety of fraud in conjunction with an insurance transaction. The accused must make or cause to be made, a false, fictitious, fraudulent, or misleading representation. Insurance fraud also occurs if the accused omits a material fact or causes a material fact to be omitted. This translates into three material elements that the state must prove in order to convict you of insurance fraud including: (1) there was a claim submitted, application for coverage, a request for payment, or completion of an affidavit, certification, record, or other document; (2) the accused made, or caused to be made, a false, fictitious, fraudulent, or misleading statement of material fact in, or omitted a material fact from, or caused a material fact to be omitted from, any record, bill, claim or other document, in writing, electronically or in any other form; and (3) the conduct was knowing.
Grade of Offense
Insurance fraud is typically a third degree crime. A charge is enhanced to a second degree crime if the misrepresentation involves five or more acts of insurance fraud and an aggregate loss of $1,000 or more. A violation under 2C:21-4.6 is a fourth degree crime.
Penalties for Insurance Fraud
Second degree insurance fraud carries penalties that include the potential for a $150,000 fine and 5-10 years in prison. Third degree insurance fraud results in a fine that can reach $15,000 and up to 5 years of imprisonment. There is a maximum fine of $10,000 and up to 18 months in state prison for fourth degree insurance fraud.
Princeton NJ Insurance Fraud Defense Lawyer
While Princeton is far from a high crime area, the municipality does have incidents of white collar crime involving insurance fraud. The same is true for towns like East Windsor, Hightstown, Hopewell, West Windsor and Pennington. If you were arrested and charged with insurance fraud anywhere in Mercer County, enlisting a defense lawyer who is knowledgeable in this area of criminal defense can be invaluable. The Law Offices of Jonathan F. Marshall is equipped with attorneys that have been practicing for decades in this realm. To speak to an attorney about the allegations that have been made against you, call 609–683–8102.