Insurance Fraud in California - Penal Code 548-551 PC
Insurance fraud can take many different forms when it comes to criminal prosecution. A few main things that the prosecutors and police have to prove is that whoever their target is in an insurance fraud case.
Number one, they did something where they took money or something of value from an insurance company, and number two, that is taking that they did so in a fraudulent manner. The white-collar crime of insurance fraud is covered under California Penal Code Sections 548, 549, 550, and 551 PC.
This can take many different forms. For example, someone could have a friend or a criminal steal their car to collect the insurance money from the vehicle. Someone can have a friend or a criminal do it themselves, have their car destroyed by fire or some other means, and then try to collect the insurance money because they think that's in their best interest.
There are all sorts of insurance scams going on, whether it involves an automobile accident, some fraud related to insurance coverage, the list goes on and on. I've handled hundreds of insurance fraud-related criminal cases in the San Fernando Valley over the last 26 years, so I think I have a pretty good feel for what has to be proven.
Whether the prosecutors will be able to meet their burden when it comes to an insurance fraud scam or whether they'll have problems meeting their commitment.
Can the Prosecutor Prove the Criminal Charges?
As a legal advisor, I believe it's crucial for my client and I to establish early on in an insurance fraud case whether the person is guilty and whether the government can prove the criminal charges against them. This understanding of the legal process, which involves investigations, evidence collection, and court proceedings, can help alleviate some of the uncertainty and stress that often accompanies such cases.
Sometimes, these two issues are murky. Maybe someone is guilty, but the government has a problem proving the case against them. They don't have the evidence to prove it because when they committed the insurance fraud, they were cautious about how they did it, so no trial is left for the insurance company or the government to prove the insurance fraud case.
Early intervention is often necessary in insurance fraud cases because insurance companies have their investigative units. These units, often staffed by former police officers, are adept at identifying potential fraud. If they suspect someone is trying to take advantage of them, they will launch an investigation to determine whether the person is involved in an insurance fraud scam, which can lead to serious legal consequences.
Taking Recorded Statements Under Penalty of Perjury
So, many times, I get the cases right from the beginning where the client realizes that they are being investigated. They lock people in these types of investigations to have them take recorded statements under penalty of perjury.
They will have them sign documents under penalty of perjury, but this is not necessarily necessary. Suppose you're trying to scam somebody, whether you sign something under penalty of perjury or not, when you're getting funds and you're not supposed to be getting those funds. In that case, the police can investigate these situations.
They can give them to the prosecutors, who are the lawyers like me on the other side if they feel that you have committed insurance fraud. You've got some benefit for a situation that you should not have gotten a benefit — whether it's money or goods, whatever the case may be.
Subsequently, they can prosecute you, and a conviction for an insurance fraud-related offense on your criminal record can have serious implications. Potential employers may view this as a sign of dishonesty and moral turpitude, affecting your future job prospects. The potential consequences are severe, and it's crucial to take the right steps to defend your case.
I have you come into the office, and we sit down, whether it's you or a loved one, and talk about what happened. I encourage you to be honest and give me the straight information to help you make the right decisions related to defending your insurance fraud case right from the beginning, even if no charges have been made.
Prefiling Intervention in Insurance Fraud Cases
Sometimes, I've been able to take precautionary moves before a case is filed that prevent a patient from being filed so the person doesn't have to defend themselves in the first place. Realize that whenever an insurance company pays out money, they're going to look at whatever they can to figure out how to get out of paying out the money.
Even if that means having you prosecuted for a crime so they can avoid paying the money, they will do it if they believe you did something inappropriate as it relates to an insurance claim. So, if you're being investigated or prosecuted for insurance fraud in the San Fernando Valley and you need help, pick up the phone now. Make the call.
Meet with me in my Encino office, and we'll do everything possible to resolve your matter the right way. Hedding Law Firm is a criminal defense law firm located in LA County. We understand the importance of getting the right legal advice, which is why we offer a free case consultation at (213) 542-0940 or by filling out our contact form. We are here to help you navigate through this challenging situation.
