New Castle Insurance Fraud Defense Services

Assisting New Castle Residents Accused of Insurance Fraud

In New Castle, insurance fraud is a broad term that can apply to many types of insurance, such as property, health, casualty, disability, and life insurance. For instance, health insurance fraud can occur in different ways. It might happen internally when employees of an insurance company are involved, or externally when applicants, claimants, or policyholders try to obtain coverage or benefits they aren’t entitled to.

Proving Insurance Fraud in Court

For a person to be convicted of insurance fraud, the prosecution must prove beyond a reasonable doubt that the act of fraud was both knowing and intentional. A conviction can lead to serious consequences, including heavy fines, jail or prison time, court fees, and other significant financial penalties.

The skilled legal team of New Castle criminal lawyers at our firm understands the seriousness of these allegations. With extensive experience defending against insurance fraud charges, our dedicated criminal lawyer is committed to representing you throughout all legal proceedings. We work tirelessly to achieve the most favorable outcome possible, aiming to reduce potential penalties and minimize the negative impact on your personal and professional life. To discuss your defense options, contact New Castle DUI lawyer at (330) 992-3036 or visit our website to schedule a consultation.

Essentials of Identity Fraud in Ohio

Ohio law outlines the specific elements of identity fraud that the prosecution must prove in insurance fraud cases. According to these statutes, the elements include:

• Presenting, or causing someone else to present, any statement (whether written or oral) to an insurer that is connected with:
  • An application for insurance.
  • A claim for payment.
  • A claim for any other policy benefit.
• Knowing that the statement, or any part of it, was false or misleading.

Alternatively, the prosecution can prove its case by showing that the defendant, working with others, helped prepare or create false or misleading statements intended for insurers as part of an insurance application or claim. The specific requirements for prosecuting insurance fraud are detailed further in Ohio’s standard jury instructions. A New Castle criminal lawyer can help you understand these elements and build a strong defense.

Understanding Criminal Insurance Fraud in New Castle

Insurance fraud involves any deceptive act or false statement made to unjustly gain a financial benefit from an insurance company. Ohio’s laws clarify that this can happen when supporting a policy application, filing a claim for payment, or seeking other benefits from an insurance provider.

Acts that could lead to insurance fraud charges include:

• Inflating the value of a claim to get a higher payout.
• Adding false items to a health insurance claim.
• Misrepresenting personal history to secure lower premiums.
• Filing completely fabricated claims for insurance benefits.

When an insurer suspects fraud, they are required to report it to the Ohio Department of Insurance for investigation. If the investigation finds evidence of fraud, state prosecutors may file charges. If the act involves federal laws, such as mail fraud, the case could be moved to federal court. A conviction in federal court can result in a federal prison sentence. Whether you are facing state or federal charges, having an experienced New Castle DUI lawyer is crucial to protect your rights.

Can Insurance Fraud Lead to Prison Time?

If you’re facing insurance fraud charges in New Castle, you might be wondering if prison is a real possibility. The answer is yes — though the outcome depends on several factors, including the strength of your defense and the guidance of an experienced New Castle criminal lawyer.

In Ohio, the penalties for insurance fraud vary based on the amount of money involved in the alleged fraud:

• For amounts less than $1,000: This is typically a first-degree misdemeanor, which can lead to up to 12 months in jail.
• Between $1,000 and $7,500: This is classified as a fifth-degree felony, carrying a possible jail term of up to 12 months.
• From $7,500 to $150,000: This is a fourth-degree felony, and a conviction could result in a sentence of up to 18 months in jail.
• Over $150,000: This is a serious third-degree felony, which could lead to up to 36 months in jail.

Federal penalties may also apply, which align with the severity outlined in the federal sentencing guidelines. Beyond jail time, penalties can include fines, court costs, and other financial burdens. Civil and administrative actions might also lead to fines and the revocation of professional or business licenses. An adept insurance fraud attorney in New Castle can navigate your sentencing hearing with the goal of mitigating the personal and professional consequences of a conviction.

Key Definitions in Ohio’s Insurance Fraud Law

Ohio law provides specific definitions for terms related to insurance fraud:

• “Defraud” refers to any act of knowingly obtaining a benefit through deceit or causing harm to another person through the same deceptive means.
• The term “fraud” mirrors the meaning of “defraud,” covering both the actions and the intentions behind the deceit.
• An “insurance policy” is any agreement issued by an insurer, which includes policies, certificates, contracts, or plans.
• An “insurer” is any entity authorized to conduct insurance business in this state. This includes health insuring corporations and other entities that enter into contracts equivalent to insurance. If you are under investigation or facing accusations of insurance fraud, it’s vital to consult with a New Castle criminal lawyer immediately. The right legal counsel can evaluate your case, challenge the prosecution’s evidence, and help you pursue the most favorable resolution possible.

Ohio Department of Insurance (PDI) Fraud Unit

The PDI’s Fraud Unit is at the forefront of combating insurance fraud in New Castle, Coshocton County, and across the entire state. Its primary role is to investigate complaints against individuals suspected of trying to defraud insurance companies.

If an investigation uncovers evidence of fraudulent activity, the findings are sent to the appropriate legal authorities for potential prosecution. The Department of Insurance also provides educational resources on how to recognize the signs of insurance fraud and how to submit a complaint online.

Ohio law requires every insurer to have a written anti-fraud strategy to address potential fraud scenarios. Any suspicion of fraud should be reported to the insurance department for investigation. It is important to note that the Fraud Unit primarily handles complaints against consumers or providers, not against insurance companies or agents. Complaints about companies or agents are handled by different departments within the state’s insurance regulatory system. Ohio residents with tips about insurance fraud are encouraged to use the state fraud hotline. A skilled New Castle DUI lawyer can offer guidance if you are involved in such an investigation.

Defending Against Insurance Fraud Allegations in New Castle

When you are charged with insurance fraud, you have the right to present a legal defense. For example, a common defense is to argue that there was no intent to commit fraud. The actions may have been the result of a simple mistake or a misunderstanding of the complex paperwork involved.

A knowledgeable New Castle criminal lawyer can analyze every detail of your case, explore all possible defenses, and advocate strongly on your behalf throughout the entire legal process.

Consult an Expert New Castle Insurance Fraud Lawyer Today

Being accused of insurance fraud can have a profound impact on your personal and professional life. Whether the charge is at the state or federal level, contacting the skilled attorneys at Youngstown Criminal Law Group immediately is a crucial first step.

What We Offer:

• Comprehensive Understanding: Our experienced New Castle DUI lawyer ensures you fully understand the charges against you, and we guarantee your rights are protected from beginning to end.
• Thorough Investigation: We meticulously examine your case for any violations of your constitutional rights, which allows us to build and execute a powerful defense strategy.
• Courtroom Representation: Our adept New Castle criminal lawyers will represent you at trial and during all other legal proceedings, always striving for the best possible outcome in your case.

Assistance in New Castle and Beyond:

We provide our expert legal services to individuals facing charges in New Castle and throughout Coshocton County.

Schedule Your No-Cost Case Review:

To set up a free case evaluation and legal advice session with a top New Castle DUI lawyer, please call us at (330) 992-3036 or contact us through our online platform. Learn how our legal defense services can help you.