New Brunswick NJ Insurance Fraud Lawyers
Defense Attorneys for Fraudulent Insurance Claims in Middlesex County, New Jersey
As you can see from our Theft and Fraud resource page, our attorneys represent clients charged with insurance fraud throughout New Jersey and particularly, in Middlesex County. New Jersey insurance fraud charges are very serious and are accompanied by severe consequences that include a permanent criminal record, excessive fines and restitution, and, depending upon the degree of the charge, up to ten years in jail. Insurance fraud is a third degree offense unless the defendant is convicted on five (5) or more specific acts of the crime. In that case, insurance fraud is second degree crime. Regardless of the degree of the insurance fraud offense that you or your loved one is facing, it is important that you seek out and retain an experienced defense attorney to accompany you to Middlesex County Superior Court in New Brunswick to protect your rights and defend you against the state’s charges.
New Jersey Insurance Fraud Law N.J.S.A. 2C:21-4.6
The following is New Jersey’s insurance fraud statute, which provides:
N.J.S.A. 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:
- 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;
- An application to obtain or renew an insurance policy;
- Any payment made or to be made in accordance with the terms of an insurance policy or premium finance transaction; or
- 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 an Edison NJ Insurance Fraud Defense Lawyer to Discuss Your Case
The charge of insurance fraud takes many forms under state law. These may include disability fraud, fraudulent automobile accident claims, fraudulent property loss claims, and fraudulent casualty loss claims relating to homeowner’s insurance policies. Each of these crimes falls under insurance fraud pursuant to NJ State law. If you have been charged with insurance fraud or any related offense, then it is in your best interest to hire a knowledgeable insurance fraud defense attorney. Our attorneys will simultaneously explore the state’s case against you in an attempt to challenge the allegations while also working closely with the Middlesex County Prosecutor’s Office to gain admittance into a diversionary program such as Pre-Trial Intervention. For more information on how we can assist you, contact Law Offices of Proetta & Oliver for a free consultation or visit our conveniently located Edison office.