MICHIGAN INSURANCE FRAUD LAWYER
Insurance fraud occurs when a person knowingly deceives, or assists in deceiving, an insurance company or agent in order to collect something of value that they are not entitled to. The penalties for committing insurance fraud in Michigan are severe. Incarceration, large fines, and felony conviction on your criminal record. The consequences can be far-reaching and can have a long-lasting negative impact on your ability to find or maintain employment. The experienced criminal defense lawyers at Jeffrey Buehner, PLLC can help protect your freedom, your rights and your reputation when faced with an insurance fraud charge.
Insurance Fraud Charges
Insurance fraud in Michigan can be committed by policyholders, insurance companies, insurance agents, individuals, businesses, and professionals such as doctors or lawyers. The various forms of insurance fraud are contained in MCL 500.4503:
A fraudulent insurance act includes, but is not limited to, acts or omissions committed by any person who knowingly, and with an intent to injure, defraud, or deceive:
(a) Presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer or any agent of an insurer, or any agent of an insurer, reinsurer, or broker any oral or written statement knowing that the statement contains any false information concerning any fact material to an application for the issuance of an insurance policy.
(b) Prepares or assists, abets, solicits, or conspires with another to prepare or make an oral or written statement that is intended to be presented to or by any insurer in connection with, or in support of, any application for the issuance of an insurance policy, knowing that the statement contains any false information concerning any fact or thing material to the application.
(c) Presents or causes to be presented to or by any insurer, any oral or written statement including computer-generated information as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy, knowing that the statement contains false information concerning any fact or thing material to the claim.
(d) Assists, abets, solicits, or conspires with another to prepare or make any oral or written statement including computer-generated documents that is intended to be presented to or by any insurer in connection with, or in support of, any claim for payment or other benefit pursuant to an insurance policy, knowing that the statement contains any false information concerning any fact or thing material to the claim.
(e) Solicits or accepts new or renewal insurance risks by or for an insolvent insurer.
(f) Removes or attempts to remove the assets or records of assets, transactions, and affairs, or a material part of the assets or records, from the home office or other place of business of the insurer or from the place of safekeeping of the insurer, or who conceals or attempts to conceal the assets or record of assets, transactions, and affairs, or a material part of the assets or records, from the commissioner.
(g) Diverts, attempts to divert, or conspires to divert funds of an insurer or of other persons in connection with any of the following:
(i) The transaction of insurance or reinsurance.
(ii) The conduct of business activities by an insurer.
(iii) The formation, acquisition, or dissolution of an insurer.
(h) Employs, uses, or acts as a runner, capper, or steerer with the intent to falsely or fraudulently obtain benefits under a contract of insurance or to falsely or fraudulently assert a claim against an insured or an insurer for providing services to the client, patient, or customer.
(i) Knowingly and willfully assists, conspires with, or urges any person to fraudulently violate this act, or any person who due to that assistance, conspiracy, or urging knowingly and willfully benefits from the proceeds derived from the fraud.
THE PENALTIES FOR COMMITTING INSURANCE FRAUD
MCL 500.4511 provides that a violation of any of the acts described above can result in a maximum of up to four years in prison, a fine of up to $50,000, and an order of restitution.
Conspiring with another person to commit insurance fraud is punishable by up to 10 years in prison, a $50,000 fine, as well as restitution. Beyond prison and fines, those convicted of insurance fraud in Michigan could lose their professional licenses.
DETROIT INSURANCE FRAUD LAWYER
Insurance laws are complicated and can be confusing - you may not have even realized that you were committing a crime. The consequences of a conviction are far too serious to entrust your defense to just any lawyer. Having a trusted and experienced Detroit insurance fraud lawyer by your side can make all the difference. With over 23 years of experience as both a prosecutor and criminal defense lawyer, Jeffrey Buehner knows what it takes to fight and win insurance fraud charges. Call now for a free consultation.
31700 West 13 Mile Road
Farmington Hills, MI 48334
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