Miami Insurance Fraud Attorney

Lawyer for Charges Involving Deceptive Insurance Claims or Other Forms of Insurance Fraud in Miami, FL

There are a wide range of situations where people or businesses may be accused of making false or misleading claims to insurance companies, and these accusations can lead to charges of insurance fraud. These offenses can lead to multiple types of serious consequences, including lengthy prison sentences, substantial fines, and restitution requirements. In addition to criminal penalties, insurance fraud convictions can cause lasting damage to a person's professional reputation, preventing them from working in fields such as healthcare, insurance, and financial services.

A strong legal defense can be crucial in cases involving claims of insurance fraud. Stroleny Law: Criminal Defense Attorney can provide effective legal representation for people who are facing these types of charges or accusations of other forms of fraud. Our lawyer understands the complex issues that can play a role in these cases and the ways that disputed interpretations of insurance claims, billing disputes, or misunderstandings about coverage can lead to fraud charges. He can take steps to address accusations of fraud and help clients avoid serious penalties.

Types of Insurance Fraud Charges

Property and casualty insurance fraud charges may involve claims that a person or business has inflated the value of stolen or damaged property. A person may be accused of falsely reporting that items were stolen, staging accidents or fires, or taking other measures to submit false claims. Homeowners who are accused of exaggerating their losses after events like hurricanes or fires may face fraud charges after investigations are performed by insurers.

Auto insurance fraud may involve accusations of staged accidents, false injury claims, inflated repair costs, and types of false statements or misrepresentations. Some people may be accused of deliberate collisions or falsely claiming that they suffered injuries in an accident. Repair shops may be accused of submitting bills for work that was not performed or inflating the costs of repairs.

Healthcare fraud charges may address allegations of practices related to false billing to insurance companies, Medicare, or Medicaid. Providers may be accused of billing insurance companies for services that were not provided, "upcoding" procedures to obtain higher amounts of reimbursement, unbundling services that should be billed together, or providing treatments that are medically unnecessary. These cases may involve complex medical billing codes and documentation requirements, and the line between billing errors and intentional fraud can be unclear.

Accusations of patient fraud may involve false information on insurance applications, the use of a person's insurance ID card by someone else, or false claims about injuries or illnesses. Prescription fraud charges may apply for people who are accused of obtaining medications through false claims or selling medications obtained through fraudulent prescriptions.

Penalties for Insurance Fraud Under Florida Law

Insurance fraud involving false claims and related issues are addressed in Florida Statutes § 817.234. It is illegal to present false or misleading statements to insurance companies as part of claims or applications for coverage. When the value of a claim or the benefits a person has received is less than $20,000, insurance fraud is charged as a third-degree felony, which may be punishable by up to five years in prison and a maximum fine of $5,000.

Insurance fraud involving amounts of $20,000 to $100,000 is a second-degree felony carrying up to 15 years in prison and fines of up to $10,000. When fraud involves $100,000 or more, the offense is a first-degree felony punishable by up to 30 years in prison. Other insurance fraud charges may include purposely staging a car accident, which is a second-degree felony with a minimum sentence of two years in prison.

Civil penalties will also apply to people who are convicted of insurance fraud offenses. The maximum penalty for a first offense is $5,000. A second offense may result in penalties of $5,000 to $10,000. Additional offenses could lead to fines ranging from $10,000 to $15,000. The penalty for purposely staging a car accident may be between $15,000 and $50,000.

Restitution may be ordered following a conviction for insurance fraud. Courts may order defendants to repay insurance companies for all fraudulent payments.

Defense Strategies Against Insurance Fraud Charges

Our attorney can help determine the most effective ways to address charges of insurance fraud. He may show that there was a lack of intent to defraud and present evidence that a person believed their claims were accurate, that they relied on information from adjusters or professionals, or that misunderstandings led to disputed claims.

Our lawyer can also take steps to establish that insurance claims were legitimate, which may result in the dismissal of fraud charges. He will gather evidence showing that injuries or damages actually occurred as claimed, that medical treatments were necessary and were documented correctly, or that valuations were reasonable.

Challenging the value of alleged fraud may reduce the severity of criminal charges. Insurance companies may overstate losses, or they may fail to credit payments that were already made. Our attorney can work with professionals to establish accurate amounts in these cases.

Charges of healthcare fraud may be based on billing errors rather than intentionally deceptive practices. Medical billing can be complex, and errors can occur without criminal intent. Our lawyer can present evidence of good faith efforts to bill correctly and show that errors were corrected after being discovered.

In some cases, it may be possible to show that a person relied on professional advice and did not have the criminal intent to commit fraud. Our attorney can take steps to demonstrate that clients relied on accountants, billing specialists, public adjusters, or attorneys who provided incorrect guidance.

Contact Our Miami, Florida Insurance Fraud Lawyer

Insurance fraud charges can threaten your freedom, your career, and your financial security. If you are a healthcare professional or business owner, you could face the loss of a license or other credentials. A conviction will result in a criminal record that could affect your employment opportunities across many fields.

Stroleny Law: Criminal Defense Attorney has successfully defended clients against insurance fraud charges. Our lawyer has a strong knowledge of the laws and procedures involved in these cases, and he can help demonstrate the difference between legitimate claims and fraud. Contact our Miami insurance fraud defense attorney at 305-615-1285 to set up your free consultation and learn how he can help you protect your rights and your future.