Columbus Insurance Fraud Lawyer
Insurance Fraud Defense Attorneys in Columbus Standing Up for the Rights of the Accused
There are several different activities that may constitute insurance fraud in the State of Ohio. Insurance fraud involves fraudulent acts relating to casualty insurance, health insurance, property insurance, life insurance, or disability insurance.
If you have been criminally charged with insurance fraud, you may be facing several serious legal penalties. Those penalties can include monetary fines and, in the worst-case scenario, time in jail. If you are facing a criminal charge for insurance fraud, it is important that you quickly retain an experienced attorney who is used to defending these types of cases in court.
The Columbus insurance fraud attorneys at the Joslyn Law Firm are experienced at defending White Collar Crime cases, fighting for dismissals, and taking these matters to trial when needed. We can also help you fight for a lesser penalty if you are ultimately convicted of your charge. Please call us today at 614-444-1900 or contact us online to learn more about how we may assist you with providing a strong defense to your criminal insurance fraud charge.
Overview for Insurance Fraud in OH
- What is Insurance Fraud?
- Actions that May Constitute Insurance Fraud
- What are the Penalties for Insurance Fraud?
- Find an Experienced Insurance Fraud Defense Attorney
What is Insurance Fraud?
Insurance fraud is deception used to obtain money from insurance companies that you are not entitled to. Ohio law specifies that insurance fraud includes any false or deceptive oral or written statement intended to do one of the following:
- Support an application for insurance
- Make a claim for payment
- Make a claim for other insurance benefits
Actions that may Constitute Insurance Fraud in Ohio
Fraudulent activities that relate to insurance can be both external or internal. Acts of external insurance fraud are typically committed by insurance policyholders, applicants, third-party claimants, and other individuals who provide various insurance services to customers. On the other hand, internal insurance fraud is a type of fraud that occurs inside of the insurance company or industry. Internal fraud may occur when insurance company employees misrepresent certain facts in order for them to obtain some sort of personal gain. In the alternative, they might take these actions in order to try and prevent insurance regulators from undertaking a particular course of action.
There are various actions that can lead to a criminal charge for insurance fraud in the State of Ohio. Those actions include all of the following:
- Misrepresenting circumstances or facts (especially with regard to your personal history), so that you are able to obtain a certain kind of insurance coverage – or so that you are able to obtain a lower premium for that coverage
- Inflating an insurance claim in order to try and obtain a higher payout for the claim than what you actually deserve
- Submitting an insurance claim that is blatantly false, such as a claim for insurance benefits following a false burglary report
- A health care provider “padding” a claim for health insurance
In the event an insurance company reasonably suspects that an individual has filed a false insurance claim, that company is required to report that suspicious claim to the Ohio Department of Insurance, for them to undertake an investigation. The moment you believe you might be under investigation for insurance fraud, you want the right Columbus insurance fraud defense lawyer on your side.
What are the Penalties for an Insurance Fraud Conviction?
If you are found guilty or convicted of insurance law, will you go to jail? What are the possible penalties? While penalties will vary depending on the value of the fraud scheme, a guilty plea or conviction for insurance fraud in Ohio may lead to the following penalties:
- If the amount of the insurance fraud is under $1,000, the person can be charged with a first-degree misdemeanor and face up to 12 months in jail
- If the amount of the insurance fraud is $1,000 to $7,500, the person can be charged with a fifth-degree felony and face up to 12 months in jail
- If the amount of the fraud is $7,500 to $150,000, the person can be charged with a fourth-degree felony and face up to 18 months in prison
- If the amount of the fraud is $150,000 or higher, the person can be charged with a third-degree felony up to 36 months in prison
In addition to penalties for these criminal charges, the accused may also incur civil penalties if he or she is sued civilly. In terms of civil penalties, the accused can be fined, and his or her business license may be revoked, among other consequences.
If you are being charged criminally for insurance fraud, an experienced Columbus insurance fraud attorney will do whatever is possible to help you lessen – or avoid – the potential penalties in your case.
Columbus Insurance Fraud Defense Attorneys Fighting Your Charges
In some instances, cases of insurance fraud fall under state laws, while at other times, federal law controls. Suspected instances of state-level insurance fraud are handled by Ohio prosecutors, and these matters are prosecuted under Ohio’s penal code. When insurance fraud is prosecuted at the federal level, the crime may be called criminal racketeering, mail fraud, or some other related federal offense. Federal court cases can be extremely involved, and a conviction at the federal level may even result in incarceration at a federal detention facility.
State and federal prosecutors are often facing an uphill battle when it comes to proving a case of insurance fraud. In order for you to be found guilty or convicted of insurance fraud, the prosecutor is required to demonstrate beyond a reasonable doubt that you intentionally committed an act of fraud. Since many instances of insurance fraud are not committed with that specific intent in mind, an accused may be able to raise the defense of lack of intent, in response to an insurance fraud charge. Our defense team knows how to challenge the prosecutor's case to raise a reasonable doubt whenever possible.
Regardless of whether your insurance fraud case is pending in state court or federal court, you want an experienced attorney by your side every step of the way advocating for you and defending you against your criminal charge.
Talk to a Knowledgeable Columbus Insurance Fraud Lawyer Today
Insurance fraud is a serious criminal charge that must be taken seriously. If you are facing a criminal charge for insurance fraud, the sooner you retain an experienced attorney to represent you in your case, generally speaking, the better off you will be.
The knowledgeable legal team at the Joslyn Law Firm has the experience necessary to help defend you against your criminal insurance fraud charge in Columbus Ohio and all central Ohio counties including, Franklin County, Madison County, Pickaway County, Fairfield County, Licking County, Delaware County and Union County Ohio. To schedule a free case evaluation and legal consultation with a Columbus insurance fraud attorney, please call us at 614-444-1900 or contact us online to learn more about how we could assist you with your legal defense.