Miami Insurance Fraud Attorney

The Coalition Against Insurance Fraud estimates that at least $308.6 billion in fraudulent claim payments are made every year. Insurance fraud is on the rise in Florida and there is no evidence it is slowing down.

Insurance fraud can take many forms.  It can involve an individual that was involved in an accident sending fake medical records to obtain proceeds from automobile insurance, a homeowner that intentionally sets a fire to his home to obtain homeowners insurance, or a husband that kills his wife to obtain life insurance.

Essentially insurance fraud involves willfully making a false statement or producing fraudulent evidence to an insurance company to obtain increased benefits.  Insurance Fraud is a serious crime which can be charged as a 1^st degree felony (30 year maximum sentence), 2^nd degree felony (15 year maximum sentence), or a 3^rd degree felony (5 year maximum sentence) depending on the facts of the case.  In addition, a non-U.S. citizen will suffer substantial immigration consequences in the event of a conviction especially if the loss amount is over $10,000. 

Attorney for Insurance Fraud in Miami, FL

If you were arrested for any type of fraud crime like Insurance Fraud, in Florida, it is important you contact an experienced criminal defense attorney. Attorney E.J. Hubbs is a former prosecutor with significant experience handling fraud crimes. E.J. is also board certified in criminal trial law (link to page), a distinction held by less than 1% of attorneys in Florida. 

Hubbs Law handles all types of fraud crimes, including Insurance Fraud, in Miami, FL and throughout Miami-Dade County, including Hialeah, Miami Beach, North Miami, Miami Shores, South Miami, Pinecrest, Kendall, Palmetto Bay, Cutler Bay, Homestead, Doral, and anywhere else in the area.

Call (305) 570-4802 today to schedule your consultation.

Elements of Insurance Fraud

Under Florida Statue 817.234, the State is generally required to the following elements beyond a reasonable doubt to prove the crime of Insurance Fraud:

• The Defendant presented or caused to be presented any written or oral statement;
• The statement was in support of:
  • A claim for payment or other benefit pursuant to an insurance policy or a health maintenance organization subscriber or provider contract; or
  • An application to an insurer, purported insurer, servicing corporation, insurance broker, or insurance agent; or
  • A claim for payment or other benefit under a personal injury protection policy. 
• The Defendant knew that such statement contained false, incomplete, or misleading information concerning any fact or thing material to such claim. 
• The Defendant intended to injure, defraud or deceive the insurer. 

Penalties for Insurance Fraud

• If the value of the property is less than $20,000, the offense is a 3^rd degree felony and punishable by a maximum sentence of 5 years prison and a $5,000 fine. 
• If the value of the property is $20,000 or more, but less than $100,000, the offense is a 2^nd degree felony and punishable by a maximum sentence of 15 years prison and a $10,000 fine. 
• If the value of the property is $100,000 or more, the offense is a 1^st  degree felony and punishable by a maximum sentence of 30 years prison and a $10,000 fine.

In addition to criminal penalties, if the insurance fraud involved a loss in the amount of $10,000 or more, the charge would be considered an aggravated felony for immigration purposes and would result in the individual’s removal from the United States. 

Defenses to Insurance Fraud

If you are charged with Insurance Fraud, you could have legal defenses in your case.  However, every case is unique and you should speak to an attorney prior to determining if one of these defenses is applicable to you:

• Lack of Intent – Florida law requires the prosecution to prove that the Defendant specifically intended to “injure, defraud, or deceive” the insurer.  If you accidentally made a false statement or made false statements with a good faith belief that the statements were truthful, then you may have a defense. 
• Identity – In every criminal case, the State must prove that the Defendant was the person that committed the crime.  Insurance Fraud cases are document crimes and often involve extensive paperwork that individuals can send and receive electronically without ever meeting the other person face to face.  Depending on the facts of your case, you may have a defense that the State cannot prove that you were the person that committed the crime. 
• Value of Property – In every Insurance Fraud case, the State must prove the value of the property involved in the crime.  This could involve insurance benefits, the value of medical care, or the value of property damage.  If you are able to dispute the total value of the property involved in the transaction, you won’t necessarily obtain a not guilty verdict, but you could be convicted of a less serious crime. 

Additional Resources

Bureau of Insurance Fraud – The Bureau of Insurance Fraud investigates allegations of insurance fraud including licensee, healthcare, application, vehicle, homeowners, commercial, disability, arson, and life insurance fraud.

National Insurance Crime Bureau (NICB) - The NICB is the nation’s premier non-profit organization dedicated to fighting insurance fraud and crime.  Click the link to read information on insurance fraud, tips on preventing fraud, and a hotline where you can report fraud.

Federal Bureau of Investigations (FBI) - The FBI is the leading federal law enforcement agency tasked with investigating crime in the United States.  Click on the following link to read about how the FBI handles insurance fraud investigation, common types of insurance fraud, and how to report insurance fraud. 

Coalition Against Insurance Fraud (CAIF) - the Coalition Against Insurance Fraud is a group of insurance organizations, consumers, governmental agencies, and legislative bodies working to enact anti-fraud legislation.  Click on the link to learn more about policies against insurance fraud, insurance fraud statistics, and hotlines where you can report insurance fraud. 

National Association of Insurance Commissioners (NAIC) - The National Association of Insurance Commissioners was created by the chief insurance regulators from all 50 states to assist in setting standards and regulations for insurance fraud in the United States. 

Find an Attorney for Insurance Fraud in Miami, FL

If you were charged with Insurance Fraud, you need an experience criminal defense attorney by your side.  At Hubbs Law, all pending criminal case consultations are free.  Our criminal defense attorney, E.J. Hubbs, will have a confidential consultation with you, discuss case strategies, and any possible defenses in your case. 

Hubbs Law defends clients charged with all types of Fraud, including Insurance Fraud, in Miami, FL and throughout Miami-Dade County, including Pembroke Pines, South Miami, South Beach, North Miami, Kendall, Palmetto Bay, Cutler Bay, Homestead, Pinecrest, and anywhere else in the area.

Call today to schedule your consultation at (305) 570-4802.