Michigan Insurance Fraud Defense
Insurance fraud prosecutions in Michigan come with the potential of severe sentences, including prison, jail, probation and stiff penalties. If you are accused of engaging in insurance fraud, you can turn to highly skillful and experienced legal counsel at The Kronzek Firm. Over the last two decades, we have developed a strong reputation for providing positive results for clients statewide. Our attention to detail, and our courtroom tenacity have helped many clients obtain acquittals, dismissals and reduced charges.
A criminal prosecution for insurance fraud often begins with the insurance company rather than the police. If you are making a statement to an insurance investigator, you may be under investigation for fraud. It is best to review your situation with a knowledgeable attorney. Police will often share information with insurance investigators, so your statements to police and the insurance company will be compared to each other for discrepancies. Inconsistent statements about your claim is treated as a red flag and may lead to the filing of criminal charges and the rejection of your insurance claim. You can be prosecuted for the attempt to defraud an insurance company or the mere filing of a false insurance claim; so, it is not necessary that the claim was actually paid.
What is Insurance Fraud?
Insurance fraud is when individuals deceive insurance companies to collect unentitled money. Typically, this involves fraudulent claims under property, life, or automobile insurance. In addition, this ranges from individuals committing fraud to complex fraud rings with many participants.
Some common examples of insurance fraud include: Destruction of a home, business, or car to collect insurance proceeds; Inflating claim values to avoid paying a deductible; exaggerating injuries to obtain workers compensation benefits; and much more.
Under Michigan law , fraudulent insurance acts may involve, but are not limited to, acts or omissions committed with intent to defraud, injure, or deceive.
The following acts are prohibited under Michigan Law
- Presenting, or preparing with belief or knowledge that it will be presented, to or by an insurer, reinsurer, or broker, any statement knowing it contains false information concerning any fact material to an insurance policy application;
- Preparing, assisting, soliciting, or conspiring with others to provide a statement associated with an insurance policy application, knowing that the statement contains false information;
- Presenting or causing to be presented any statement—including computer-generated information—associated with a claim for payment or benefits related to an insurance policy, knowing it contains false information;
- Assisting, soliciting, or conspiring with others to prepare statements—including computer-generated documents—intended to be presented in connection with any claim for payment or benefits related to an insurance policy, knowing the statement contains false information material to the claim;
- Accepting or soliciting insurance risks by or for insolvent insurers;
- Removing or attempting to remove or conceal assets, records of assets, transactions, etc; from an office or place of safekeeping of the insurer from the commissioner.
- Diverting, attempting to divert, or conspiring to divert insurer funds or of other individuals connected with: (a) insurance or reinsurance; (b) conduct of an insurer’s business activities; or (c) acquisition, formation, or dissolution of an insurer;
- Employing or acting as a capper, runner, or steerer, intending to falsely or fraudulently obtain benefits under an insurance contract or to falsely or fraudulently assert a claim against an insured or an insurer;
- Knowingly and willfully assisting, conspiring with, or urging any individual to fraudulently violate the law, or any person who knowingly and willfully benefits from the fraud proceeds.
Penalties for Insurance Fraud
An individual who commits a fraudulent insurance act may be charged with a felony with a maximum penalty of 4 years in prison, a fine up to $50,000.00, or both, plus receive an order to pay restitution.
A person involved in a conspiracy to commit such acts may be charged with a felony with a maximum penalty of 10 years in prison, a fine up to $50,000.00, or both, plus restitution.
Practitioners or insurers who commit fraudulent insurance acts will be subject to the court notifying the state licensing authority as well.
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