If you have already visited our Theft and Fraud resource page, then you know that our lawyers represent clients charged with insurance fraud throughout New Jersey and particularly in Ocean County. New Jersey insurance fraud is a serious offense that is accompanied by grave consequences. These include a permanent criminal record, steep monetary fines, restitution, and varying jail time depending upon the degree of the charge. Insurance fraud is a third degree offense unless the defendant is convicted on five (5) or more specific acts of the crime. If five or more acts have been charged against you, then it is second degree crime. Regardless of the degree of the offense that you or your loved one may be facing, it is vital that you hire an experienced Ocean County insurance fraud attorney to protect your rights and defend you from the state’s charges. Whether you received these charges in Toms River, Jackson, Lacey, Manahawkin, Berkeley, Barnegat, Seaside Heights, or Ship Bottom, the Law Office of Proetta & Oliver is an Ocean County criminal defense law firm that assists individuals facing these charges in Ocean County Superior Court. If you or a loved one is facing charges for insurance fraud or disability fraud in Ocean County, contact our offices in Toms River today at (848) 238-2100 to discuss your case and receive a cost-free consultation.
New Jersey Insurance Fraud Law: N.J.S.A. 2C:21-4.6
New Jersey’s insurance fraud statute provides in pertinent part:
2C:21-4.6. Crime of insurance fraud
A person is guilty of the crime of insurance fraud if that person knowingly makes, or causes to be made, a false, fictitious, fraudulent, or misleading statement of material fact in, or omits a material fact from, or causes a material fact to be omitted from, any record, bill, claim or other document, in writing, electronically, orally or in any other form, that a person attempts to submit, submits, causes to be submitted, or attempts to cause to be submitted as part of, in support of or opposition to or in connection with: (1) a claim for payment, reimbursement or other benefit pursuant to an insurance policy, or from an insurance company or the “Unsatisfied Claim and Judgment Fund Law,” P.L. 1952, c. 174; (2) an application to obtain or renew an insurance policy; (3) any payment made or to be made in accordance with the terms of an insurance policy or premium finance transaction; or (4) an affidavit, certification, record or other document used in any insurance or premium finance transaction.
Insurance fraud constitutes a crime of the second degree if the person knowingly commits five or more acts of insurance fraud, including acts of health care claims fraud pursuant to section 2 of P.L. 1997, c. 353 and if the aggregate value of property, services or other benefit wrongfully obtained or sought to be obtained is at least $ 1,000. Otherwise, insurance fraud is a crime of the third degree. Each act of insurance fraud shall constitute an additional, separate and distinct offense, except that five or more separate acts may be aggregated for the purpose of establishing liability pursuant to this subsection. Multiple acts of insurance fraud which are contained in a single record, bill, claim, application, payment, affidavit, certification or other document shall each constitute an additional, separate and distinct offense for purposes of this subsection.
Contact Brick NJ Insurance Fraud Attorneys to Discuss Your Case
As you can see from the above statute, insurance fraud takes many forms under New Jersey legal code. These commonly include fraudulent motor vehicle accident claims, disability fraud, property loss claims, and casualty loss claims pertaining to homeowner’s insurance policies. If you or your loved one has been charged with insurance fraud or any related theft or fraud offense, then you should seriously consider hiring an experienced criminal defense lawyer. Our attorneys will explore the state’s case against you and challenge the allegations based on potential evidentiary and proof issues while simultaneously working closely with the Ocean County Prosecutor’s Office to gain admittance into a diversionary program such as Pre-Trial Intervention. For more information on how we can help build a case strategy customized to meet your needs and to your particular facts, contact us for a free consultation or visit our Toms River office.
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