Berkeley Insurance Fraud Defense Lawyer

Berkeley Insurance Fraud Defense Attorney

White-collar crimes are considered non-violent and characterized by concealment, deceit, or a violation of trust. Some may see these crimes as harmless and victimless, but they can result in significant financial losses. As a result, they are prosecuted aggressively and often punished harshly. If you have been accused of insurance fraud, you must speak with an experienced Berkeley insurance fraud defense lawyer.

With potentially life-altering consequences at stake, a knowledgeable and trustworthy defense team is a vital part of protecting your rights and your future. The Law Office of J. Goodman can help you navigate the criminal justice system, allowing you some peace of mind while we fight the charges brought against you.

Skilled Insurance Fraud Defense

With experience as a Deputy District Attorney, our team understands both sides of the criminal justice system and can leverage that experience to build a strong defense strategy. We can act as a buffer between you and the prosecution, allowing you to focus more on living your life while we handle the legal aspect of the charges you are facing.

What Is Insurance Fraud?

Insurance fraud occurs when an individual knowingly lies to obtain an advantage or benefits to which they are not otherwise entitled. It also occurs when an individual knowingly denies a benefit to which another person is entitled. It is estimated that insurance fraud steals around $308.6 billion from American consumers each year.

Different Types of Insurance Fraud

There are several different types of fraud schemes that fall under insurance fraud. They include:

• Automobile insurance fraud. There are several types of automobile insurance fraud, but the most common involve collisions and vehicle property. Automobile collision fraud typically involves staged auto collisions, such as sudden stops and stuffed passengers. Automobile property fraud involves dishonest auto repair or auto body shops and/or insurers.
• Property, life, and casualty insurance fraud. This type of insurance fraud encompasses incidents such as life insurance fraud, staged burglaries, fraudulent claims related to natural disasters, internal embezzlement claims, slip-and-fall claims, and false food contamination claims. The California Department of Insurance identified more than 4,000 potential fraudulent claims and a potential loss exceeding $318 million in Fiscal Year 2022/2023.
• Healthcare and disability fraud. Healthcare fraud is a significant issue for health insurance policyholders, as it can lead to unnecessary increases in healthcare costs. The potential losses of healthcare and disability fraud in California amounted to almost $110 million in FY 2022/2023.
• Workers’ compensation fraud. Many actions fall into this category, ranging from staged or exaggerated injuries while on the job to complex systems that bill for services that were never rendered. In FY 2022/2023, the Fraud Division of the California Department of Insurance identified $404 million in potential workers’ compensation fraud losses.

The total value of potential losses that result from fraud is exorbitantly high. As a result, these cases are often pursued and prosecuted harshly. If you have been accused of any of these crimes, it is crucial that you speak with an experienced insurance fraud defense attorney before speaking to anyone about the crimes charged against you.

The Law Office of Louis J. Goodman can help you through this challenging process.

Elements Required to Prosecute Insurance Fraud

Insurance fraud in California is investigated by the Fraud Division within the California Department of Insurance. Detectives with the Fraud Division are considered experts in insurance fraud and are often assigned to various law enforcement task forces, including computer forensics, the underground economy, auto theft, and pharmaceutical fraud.

Though insurance fraud is prosecuted harshly, there are specific requirements that must be met before it can be prosecuted. These requirements are:

• An intent to defraud. The prosecution must be able to show that the person knowingly committed an act to defraud.
• A completed act. Making a written or oral misrepresentation to an insurer is enough to qualify as a completed act.
• The intent and the act must be completed together.

It is essential to note that actual loss is not a prerequisite for prosecution. As long as the defendant had the intent to commit the crime and acted upon that intent, then the prosecution can follow even if no actual loss occurred.

Why Hire an Insurance Fraud Lawyer From the Law Office of Louis J. Goodman

When searching for a defense attorney near Berkeley, you are likely to have many options to choose from; however, these options will not offer the same level of criminal defense. Choosing the right attorney is a critical first choice in your defense strategy.

The Law Office of Louis J. Goodman leans into Berkeley’s history of being the birthplace of the 1960s Free Speech Movement by focusing on protecting the constitutional rights of our community members. We understand the burden of proof prosecutors must meet and can build a defense tailored to your specific circumstances.

FAQs

How to Win an Insurance Fraud Case in Court?

Winning an insurance fraud case in court typically requires the support of an experienced insurance fraud defense attorney. The criminal justice system is complex and requires thorough knowledge to navigate correctly. A defense attorney can examine the evidence against you and develop a defense strategy tailored to your specific circumstances.

How Do I Choose the Right Insurance Fraud Defense Attorney?

Choosing the right insurance fraud defense attorney is an important choice that should be influenced by several conditions. You will want to choose an attorney who has experience handling cases similar to yours in the court where your case will be tried. You will also want to consider the communication style of the defense team and whether it meshes well with yours.

What Are the Different Types of Insurance Fraud?

There are several different types of insurance fraud. Examples include automotive insurance fraud, medical insurance fraud, life insurance fraud, property insurance fraud, workers’ compensation fraud, and unemployment insurance fraud. If you are facing any of these charges, it is recommended that you reach out to an experienced insurance fraud defense attorney.

What Do Insurance Fraud Defense Attorneys Do?

Insurance fraud defense attorneys represent individuals who have been accused of and charged with insurance fraud. They will ensure the prosecution honors your constitutional rights through the process, as well as create a criminal defense strategy to counter the evidence collected by the prosecution. They can communicate with the prosecution to get the charges dropped, negotiate for a plea deal, or defend you in a trial, depending on the circumstances of your case.

Protecting Yourself After Insurance Fraud Charges

The Law Office of Louis J. Goodman understands the confusion and fear that can follow criminal charges. If you have been accused of insurance fraud, please contact our team to learn how we can assist you.