Insurance Fraud Attorney – Brett A. Podolsky
Insurance fraud is one of the most common white-collar crimes in Texas. Defendants who are convicted of this offense face very serious repercussions. If you have been accused of any kind of fraud, an aggressive criminal defense lawyer like Brett A. Podolsky can provide you with quality legal representation in a court of law.
What is Insurance Fraud?
Insurance fraud occurs when an individual commits specific actions that are related to making a claim under an insurance policy with the intent to defraud the insurer. There are various types of situations that may result in a charge of insurance fraud, including:
- Preparing a statement that the defendant knows contains misleading or false information that is presented to the insurer
- Presenting a statement that the defendant knows contains misleading or false information to the insurer
- Preparing a statement for an application for an insurance policy that the defendant knows contains misleading or false information in violation of Tex. Penal Code § 35.02(a-1)
- Presenting a statement in support of an insurance policy application that the defendant knows contains misleading or false information in violation of Tex. Penal Code § 35.02(a-1)
- Soliciting, offering, paying or receiving a benefit in connection with the furnishing of goods or services for a claim under an insurance policy with the intent to defraud an insurer in violation of Tex. Penal Code § 35.02(b)
Some ways that these offenses can practically arise include:
- An uninsured driver gets insurance after getting into an accident and then files a claim after the fact
- A homeowner reports a theft that did not occur in his home
- A business owner commits arson on his property to get the insurance proceeds
- A contractor inflates the cost of a claim to get higher proceeds for a property owner
- A medical goods supplier overcharges a health insurer for products
What are the Penalties for Insurance Fraud?
Insurance fraud is a serious offense, which may result in a defendant acquiring a criminal record, large fines and jail or prison time. A defendant can also lose his professional license. The punishment can vary drastically based on the type of insurance fraud, whether the fraud caused death or injury and the claim’s value. Fines can be as low as $50 or as high as $10,000. Potential jail or prison time ranges from no time up to life imprisonment. To avoid any unnecessary penalties, speak to an insurance fraud lawyer about your case today.
What are the Defenses for Insurance Fraud?
The prosecutor must prove every element of the crime beyond a reasonable doubt. One element that the prosecutor must prove is that the defendant knew that a statement that he made was false. If the defendant did not know this or was confused, a skilled insurance fraud attorney may be able to prevent his client from being convicted.
Meet With an Insurance Fraud Attorney
If you need a board-certified experienced criminal defense lawyer, Brett A. Podolsky can provide you with the services you need. Schedule a free consultation today by calling 713-227-0087.