Courts We Serve
- 27 December, 2016
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Edison NJ Insurance Fraud Lawyer
Irrespective of the type of policy involved, insurance fraud is a serious violation in New Jersey. N.J.S.A. 2C:21-4.6 imposes harsh penalties for those convicted of intentionally deceiving an insurer to inflate a claim, collect proceeds wrongfully or file a fraudulent application for coverage. The state is so intent on enforcing this statute that it has established the Office of the Insurance Fraud Prosecutor whose sole job is to bring charges against those who file a fraudulent claim or application for automobile, disability, workers compensation, health, Medicaid or unemployment benefits. If you are under investigation or have already been charged with insurance fraud, the attorneys at The Law Offices of Jonathan F. Marshall can help you make sure these allegations do not result in a conviction and severe penalties. We are a team of former prosecutors with over a century of experience defending insurance fraud throughout Middlesex County including New Brunswick, Sayreville, Old Bridge, Monroe and South Brunswick. To speak to a lawyer immediately about being arrested or accused of insurance fraud, contact our New Brunswick Office at 732-246-7126 for a free consultation.
What You Need To Know About Insurance Fraud?
An individual commits insurance fraud if he/she makes or causes to make a false, fictitious, fraudulent, or misleading statement of material fact to secure insurance, proceeds from a policy or to otherwise defraud. Insurance fraud is also triggered where someone makes a material omission of fact. There are three specific eliminates that must be established to prove insurance fraud in violation of N.J.S.A. 2C:21-4.6.
What The Prosecutor Needs To Show. The first element that must be established to prove insurance fraud is that one of four circumstances exist, namely, that what is involved is: (1) a payment, reimbursement or other benefit under an insurance policy; (2) an application to obtain or renew insurance coverage; (3) a payment under a premium finance transaction; or (4) an affidavit, certification, record, or other document used in any insurance or premium finance transaction. The second proof that must be established is that 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. The third and final element of insurance fraud is that the defendant’s conduct was knowing.
Grading of Insurance Fraud. Insurance fraud is typically a third degree crime. The offense is enhanced to a second degree crime where the defendant knowingly commits five or more acts of insurance fraud and an aggregate value of at least $1,000.
Penalties. The penalties for third degree insurance fraud include a fine of up to $15,000 and five years in prison. Second degree insurance fraud results in a maximum fine of $150,000 and five to ten years of incarceration.
Sayreville NJ Insurance Fraud Defense Attorney
If you file a fraudulent insurance claim based on an incident that never happened, inflate a loss or deceive an insurer in order to renew or obtain coverage, you certainly may be arrested for insurance fraud. The key is not, however, that you were charged in Sayreville or another town but rather whether or not you are found guilty in New Brunswick at the Middlesex Superior Court. Our staff of highly skilled lawyers can certainly help you avoid a conviction. We defend insurance cases throughout Middlesex County including in East Brunswick, Woodbridge, South Amboy, Edison and Carteret. Contact our firm anytime 24/7 so a defense attorney at The Law Offices of Jonathan F. Marshall can go over the details of your case.