What to do about an insurance fraud investigation?

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What to do about an insurance fraud investigation?

If one is being invested for insurance fraud, how many years can they go back and is there a dollar amount of fraud before they go to jail or can they admit before it goes that far and pay the amount back?

Asked on October 20, 2010 under Criminal Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Insurance fraud is usually investigated by any number of agencies and how far those agencies can go back to see the activity or charge a person or entity with such fraud depends on the state and federal law and case law and if the statute of limitations can be tolled for prosecution under certain circumstances.  It can go back years and years, especially if there is an attempt for an accounting, illustrating a pattern of behavior and seeing if this is also a conspiracy or collusion with others.  Fraud is usually in and of itself a type of crime (financial or otherwise) and jail time can be based on the number of violations, if the state or federal government has minimum sentencing guidelines, if there is a plea deal and so on.  Simply admitting to violations can be helpful for a plea bargain if your attorney is savvy enough to use that as a bargaining chip to lower your sentence but admitting to the crime and paying back restitution and fines is usually (think almost never) not enough and jail time should be expected.


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