Daytona Beach Federal Insurance Fraud Lawyer
The nature of the insurance arrangement requires that the insurer rely upon statements made by the insured, whether in connection with procuring a policy or when filing a claim under an existing policy. Because of the implications for the company, and its policyholders by extension, there are strict provisions for making misrepresentations under the US federal insurance fraud statute. The law defines numerous offenses against insurers and fraudulent activities in interstate commerce, and there are harsh penalties for a conviction.
As a result, solid legal representation is essential if you were arrested for insurance fraud by federal officials. Our attorneys at the O’Mara Law Group have in-depth knowledge of the legal concepts and extensive experience representing those accused of misconduct, so we are ready to defend the allegations. Please contact us to set up a consultation with a Daytona Beach federal insurance fraud lawyer who can provide details based upon your situation. You can also check out some basics to get a general understanding.
Insurance Fraud Schemes That Could Lead to Charges
Misrepresentations in connection with any contract for insurance could be considered a crime, including auto insurance, policies for life insurance, workers’ compensation, homeowner’s and property insurance, business policies, and many others. To obtain a conviction, the prosecutor must prove that:
- The accused individual made a false or misleading statement;
- The statement was issued in connection with filing a claim or payments to the insurer, typically in the form of premiums; AND
- The statement was material or necessary for the insurance company’s decision-making regarding the claim or payments.
Element #2 describes two different scenarios in the context of defrauding an insurer. Hard fraud charges may apply if you deliberately destroy an asset covered by the policy for purposes of collecting on an insurance claim. Soft fraud is making statements that exaggerate the damage to covered property, but it may also come in the form of misrepresentations or omissions intended to reduce premiums.
Defenses and Strategies for Fighting Insurance Fraud Charges
A conviction for violating federal insurance fraud laws could mean up to 10 years in prison, so a solid defense is critical. Initially, keep in mind that the prosecution must prove guilt beyond a reasonable doubt with respect to each of the three elements above. You can count on a federal insurance fraud attorney at the O’Mara Law Group to:
- Expose weaknesses in the government’s exhibits and witness testimony;
- Move the court to toss evidence obtained through unlawful search and seizure in violation of the Fourth Amendment;
- Request that the judge exclude statements made in violation of your Fifth Amendment right against self-incrimination;
- Engage in negotiations to resolve insurance fraud charges via plea bargain; and
- Aggressively advocate on your behalf at trial.
Contact Our Daytona Beach Federal Insurance Fraud Attorneys Today
At the O’Mara Law Group, one of our core practice areas is criminal defense and fighting on behalf of those facing fraud charges. We are prepared to pursue all options for obtaining a favorable outcome, so please call 407-634-6604 right away. You can also go online to schedule a consultation with a Florida federal insurance fraud lawyer.