Federal statutes, including the Immigration Health Insurance Portability and Accountability Act, the Violent Crime Control and Law Enforcement Act, and the Federal Criminal Code, set forth a variety of conduct which may constitute insurance fraud. Insurance fraud may occur within insurance companies through, for example, “premium diversion”, which is the embezzlement of insurance premiums, “fee churning,” whereby a series of intermediaries take improper commissions through reinsurance agreements, insurance company asset diversion, or the sale of insurance without a license. Insurance fraud may also be committed by policyholders, through, for example, the filing of fraudulent claims or the providing of fraudulent information when applying for a policy. Third parties may also commit insurance fraud through, for example, bid rigging by repair contracts or healthcare insurance fraud by healthcare providers.
Insurance fraud is investigated federally by the Federal Bureau of Investigation and other federal agencies. Most states also have their own insurance fraud laws, which are enforced by insurance fraud bureaus and other state law enforcement agencies. Insurance fraud is subject to significant criminal penalties, including considerable fines and terms of imprisonment of up to twenty (20) years, as well as substantial civil fines of up to treble the damages sustained as a result of the fraud.
Given the high stakes involved, it is imperative that individuals facing insurance fraud charges choose an attorney with the knowledge and experience necessary to defend such a case. I have chosen to focus my practice on White Collar Crimes, including insurance fraud matters. I fight hard to enforce the rights of my clients, and I believe in the integrity of that fight.
Over the last 40 years, I have earned a successful track record in high stakes white collar matters and have argued before the United States Supreme Court as well as other federal courts throughout the country. If you have questions or concerns about an insurance fraud matter, I invite you to contact me directly to discuss it at (212) 639-1600 or Patrick@MullinDefense.com. You will discuss your concerns with me personally—never an associate or a paralegal. In addition, you should know that your contact with me, and with my firm, is privileged under the law, regardless of whether or not you decide to retain my firm to represent you.