Washington DC laws specifically outline varying levels of insurance fraud charges. However, not only can you face charges in Washington DC for insurance fraud, but you also can face federal charges. While there is no provision for insurance fraud under the federal criminal law, there are federal laws that insurance law may violate.
These laws include mail fraud, as insurance claims and transactions often involve mailing documents, and the Racketeer Influenced and Corrupt Organizations Act (RICO), which primarily is used in prosecutions for arson-related insurance fraud.
Regardless of the type of charges you may be facing, it is important to consider contacting a Washington DC insurance fraud lawyer as quickly as possible following any accusations of wrongdoing. Call today to set up a consultation with a dedicated fraud attorney.
Under DC Code §22-3225.02, individuals commit insurance fraud in the first degree if they knowingly take one of the following actions with the intent to defraud or to obtain property of another by fraud, and consequently obtain the property or cause another to lose the property. A few examples of insurance fraud in the first degree include:
For first-degree fraud to occur, the value of the property actually obtained or lost must be $1,000 or more.
Insurance fraud in the second degree is defined by Code §22-3225.03. This criminal offense occurs when individuals knowingly take one of the actions specified in §22-3225.02 above with the intent to defraud or obtain property of another by fraud, and the value of the property is $1,000 or more.
Insurance fraud is a misdemeanor offense under Code §22-3225.03a. Individuals commit misdemeanor insurance fraud if they knowingly engage in conduct specified in §22-3225.02 above with the intent to defraud or obtain property of another by fraud. Whatever level of insurance fraud offense an individual is charged with, it is imperative that they seek the services of a Washington DC attorney.
In all cases of individuals who are convicted of insurance fraud in DC, they may be ordered to pay restitution to the victims of the insurance fraud. Additionally, Code §22-3225.04 sets forth the penalties for insurance fraud under local law.
First-degree insurance fraud carries a fine of up to $37,500, a federal prison sentence of up to 15 years, or both. For second-degree insurance fraud, the potential penalties include a fine of up to $12,500, a federal prison sentence of up to five years, or both.
If individuals are convicted of insurance fraud a second time, or after having been convicted of a similar felony in another jurisdiction, they can be subject to a fine of up to $25,000, a federal prison sentence of up to ten years, or both. Misdemeanor insurance fraud carries a fine of up to $1,000, a period of incarceration not to exceed 180 days, or both. A Washington DC attorney could help an individual avoid penalties by building a strong insurance fraud defense.
While your first inclination may be to cooperate with authorities who are investigating you for insurance fraud, doing so may land you in even more trouble. Under both DC and federal insurance laws, what you think is a harmless omission or error can violate the law.
If you are in this position, think smart and consult a Washington DC insurance fraud lawyer for advice before cooperating or even speaking with an insurance investigator or law enforcement authorities.
David Benowitz and his firm are the best strategic and compassionate teams you will work with. Mr. Benowitz and his team are diligent and proactive, which is further enhanced by David’s methodic and strategic approach to law. My case was a very complicated and emotionally charged case involving classified information, where I was facing three indictments, two carrying life sentences and one carrying 20 years. Mr. Benowitz utilized a network of lawyers coupled with his own strategy to navigate the case to success! I sincerely recommend David Benowitz quite literally with my life.
I found David to be very dedicated to fighting for your loved one’s rights. I also highly appreciated the fact that David kept us informed and empowered throughout the whole process.
Mr. Benowitz is an incredibly knowledgeable and dedicated professional. His commitments to social justice and community outreach are exemplary. I wholeheartedly recommend him for any matter.