Insurance fraud is the act of trying to fraudulently collect on an insurance policy - be it an auto insurance, home insurance or life insurance policy. Some of the most common ways by which insurance fraud occurs includes falsifying information on an insurance application or policy, faking an accident or injury to collect insurance money or destroying or burning down property such as a home, business or vehicle to collect insurance money. Insurance fraud charges are vigorously prosecuted by local as well as federal authorities. These are serious charges with grave consequences. Choosing the right Santa Clarita fraud defense lawyer could make the difference between prison time and freedom in these cases.
California Penal Code Section 548 (a)
Under California Penal Code Section 548 (a): "Every person who willfully injures, destroys, secretes, abandons, or disposes of any property which at the time is insured against loss or damage by theft, or embezzlement, or any casualty with intent to defraud or prejudice the insurer, whether the property is the property or in the possession of such person or any other person, is punishable by imprisonment in the state prison for two, three, or five years and by a fine not exceeding fifty thousand dollars ($50,000)."
California Penal Code Section 549
California Penal Code Section 549 makes it illegal for anyone to solicit, accept or refer business to or from an individual or business knowing that they intend to make a fraudulent insurance claim. A conviction under this section could result in up to three years in state prison.
Under Section 550 of the California Penal Code, it is a felony to carry out or assist in planning any of the following:
- Presenting or help to present a false insurance claim
- Present multiple claims for the same loss or injury
- Knowingly cause or participate in a vehicular collision for the purpose of presenting a fraudulent claim
- Knowingly make a false or fraudulent claim for payment of a healthcare payment
- Submit a false claim for theft or damage of a vehicle
- Submit a claim to support a false or fraudulent claim
A violation of this section can result in a misdemeanor or a felony depending on the circumstances of the case. A felony conviction could result in up to five years in state prison.
Need a Top Defense Attorney?
Attorney Daniel E. Kann has successfully defended those charged with all types of insurance fraud. If you are being investigated for insurance fraud or are facing charges, please contact our law offices to schedule your free and comprehensive consultation.