Nsurance Fraud Lawyer – Holland & Knight’s national insurance fraud and recovery team is distinguished by the breadth of our experience and results obtained in federal and state courts, the number of attorneys in this dedicated practice, and the depth of our experience gained from working with others. of the country’s largest insurance companies. Over the past 10 years, the attorneys on our team have helped clients recover and/or resist more than $100 million in exposures or potential losses related to fraudulent schemes. Holland & Knight lawyers work closely with insurers to install and train specialist investigative units as part of our extensive partnership with client teams.
Health care fraud is costing the U.S. approximately $68 billion each year, and property and casualty insurers lose at least $34 billion each year to fraud, according to industry data. Insurance fraud has become a sophisticated, organized business with significant involvement of unscrupulous providers and organized crime.
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Nsurance Fraud Lawyer
The magnitude and complexity of fraud against insurance companies requires attorneys with equal skill and experience. The National Fraud and Recovery Team, a team of experienced litigators, focuses almost all of its time on understanding fraud and helping customers recover misused goods and payments made on fraudulent claims. Our team includes prosecutors who have tried hundreds of cases to conviction and attorneys with decades of experience in commercial litigation and litigation. Based on the number of attorneys and services we provide in this area, as well as the number of our detection and anti-fraud efforts, we are one of the leading law firms in insurance fraud recovery.
Orange County Auto Insurance Fraud Attorney
We also represent self-insured sellers, investors, trusts and individuals who are victims of serious fraud. In all cases, our approach is to lay the groundwork for recovery by investigating allegations and pursuing claims in court if necessary.
Our goal is to deeply understand the situations our insurance clients face when evaluating claims so that our team can detect fraud and illegal attempts to obtain insurance benefits. We investigate all aspects of insurance fraud and litigate these matters in nearly every jurisdiction in the US to recover losses and stop collective actions to defraud our clients.
Suspected fraud comes to our minds in many different ways. Customers often discover suspicious activity and payment patterns through data analysis. Evidence is often data-driven, and we have extensive experience using data analytics to quickly identify patterns and other indicators of fraud. Whistleblowers, tipsters, patients and insurance brokers inform clients of fraud, and we often conduct such investigations based on information from these third parties. In all cases, we carefully lay the foundations of a case by conducting thorough investigations, always working closely with our clients’ Special Investigation Units (SIUs), many of whom we have helped train. Our attorneys focus on our clients’ internal processes and procedures, and we often teach investigative techniques to our clients’ SIUs.
Holland & Knight represents some of the nation’s largest health, property and casualty insurance companies. Health care now represents nearly a quarter of US GDP, and the potential for fraud is huge. Our group was founded with the recognition that effective investigation and recovery requires a deep understanding of the complex laws and regulations governing health care reimbursement, licensing and reporting, as well as the practices and cultures of the medical industry and profession. While people continue to commit fraud, we have found that many programs are large criminal enterprises that mix legitimate care with illegal claims, referrals and other sales. The practice of medicine becomes more complex every day, and our attorneys practice the details of diagnosis, treatment, and recovery to spot fraud. Our team has a deep understanding of the drugs involved in the claims we are asked to review, and we have long-standing relationships with the nation’s leading experts who guide the analysis of appropriate medical care.
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Our long experience with many versions of fraud programs allows us to help our customers establish protection and detection systems and identify gaps in their protection and opportunities for exploitation.
Although Washington, D.C. law receives a lot of attention, there are hundreds of national laws that affect our customers, and we follow these developments closely as many of our customers operate in multiple locations. At the federal level, 116 fraud-related bills were introduced in 2018 and 33 passed, according to
. The new laws address almost every aspect of insurance fraud, and most will create new tools to prevent fraud or enable detection. However, the laws also address the obligations of insurers, particularly in the area of data protection, and we advise clients on how to use this investigation data in compliance with all state and federal laws.
Please note that e-mailing the Firm through this website does not create an attorney-client relationship between you and the Firm. Do not send any proprietary or confidential information to the Company through this website. Click “accept” below to confirm that you have read and understand this notice. California auto insurance fraud laws are covered by Penal Code Section 548, Penal Code Section 549, Penal Code Section 550, and Penal Code Section 551. The legal definition of auto insurance fraud is quite complex. Simply put, a crime is committed when a person commits an act of fraudulently obtaining money from an auto insurance company.
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Because of the many cases of insurance fraud, insurance companies are now funding law enforcement and special prosecutors to go after those they suspect of committing insurance fraud. Unfortunately, in many cases the independence of prosecutors is set aside and a case is filed against someone who is simply accused of insurance fraud.
Penalties for committing California auto insurance fraud include the very real possibility of lengthy prison terms, large fines, loss of employment, and a criminal record.
If you have had a search warrant issued against you or your bank accounts, have been arrested, or are being investigated by a Los Angeles auto insurance fraud defense attorney, contact Michael Kraut at (323) 464-6453 for a free and confidential consultation. Before opening his firm, Mr. Kraut was a senior prosecutor in the District Attorney’s Office’s elite Major Fraud Division. Mr. Kraut attended Harvard Law School and was a prosecutor. He now defends clients accused of auto insurance fraud in Los Angeles.
In most cases, the prosecutor will file charges of auto insurance fraud with multiple counts of California Penal Code § 550 PC and at least one count of violation of § 810 of the Business and Occupations Code. The cost elements are actually quite simple. There are two very different aspects.
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As explained earlier, intent to defraud means that you provided false information or failed to provide “important” information that you should have provided to the insurance company.
California Penal Code Section 548 PC – makes it illegal to intentionally damage or dispose of your or another person’s property in order to file an insurance claim.
California Penal Code Section 549 PC – This section makes it a crime to refer another person to an auto body shop or doctor for the purpose of filing an insurance claim. This category is often used to charge chiropractors with auto insurance fraud, doctors or medical professionals with auto insurance fraud. In some cases, prosecutors have charged lawyers or attorneys with insurance fraud.
California Penal Code Section 550 PC – This section is the most common charge filed against a person accused of auto insurance fraud in Los Angeles. Section 550 PC of the Criminal Code prohibits fraudulent insurance claims for property loss or personal injury. This includes signing any document required to file an insurance claim if you know the information is false. It is not necessary that the document be presented to the insurance company, only that it be drawn up with the intention of passing it on to the company. The code section is also used when a person “fakes” an accident in order to file a false insurance claim. Finally, prosecutors also use this section if you claim to be living in a place you don’t live in to get a cheaper insurance premium.
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California Penal Code § 551 PC – This section makes it a crime for auto repair shops or dealers to offer insurance adjusters a payment or commission for referring someone to their shop.
California Business and Profession Code Section 810 B&P – This section of the code is used when dentists are accused of insurance fraud, or doctors are charged with insurance fraud, or another health care professional knowingly commits health insurance fraud by submitting false claims or telling patients to provide false information to the company of the insurance so that the claim is paid.
The penalties for committing auto insurance fraud in Los Angeles are very severe. If you are a lawyer or a doctor, the penalties are more severe because you
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