Insurance Fraud

The Moriartys have built a reputation and a New Jersey criminal defense firm founded on the rigorous defense of our clients rights and the achievement of successful results for our clients. Defending Insurance Fraud cases in New Jersey is what we do. White collar crimes need the type of defense found only at The Moriarty Law Firm, we stake our reputation on it every day when we walk into court. If you need help defending an Insurance Fraud case or any other type of white collar crime, contact us immediately at (732) 842-7773 or by email and we will gladly assist you.

New Jersey Insurance Fraud Law: N.J.S.A. 2C:21-4.6

In New Jersey, charges for insurance fraud are governed by N.J.S.A. 2C:21-4.6 which provides in pertinent part:

§ 2C:21-4.6. Crime of insurance fraud

a. 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.

b. 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.

Penalties for Insurance Fraud in New Jersey

Our insurance fraud defense attorneys represent clients facing insurance fraud charges relating to disability fraud, fraudulent automobile accident or property loss claims, and fraudulent casualty loss claims relating to homeowner’s insurance policies. Typically charges for insurance fraud, as enumerated in the above statute, are graded as third degree offenses. Third degree crimes include one (1) to five (5) years in prison. However, if the State can show that the defendant committed five (5) or more acts of insurance fraud, the defendant may be charged with second degree insurance fraud which includes five (5) to ten (10) years in prison.

We Handle All Types of Criminal Charges

Criminal charges can be brought in either the Municipal or Superior court. The more severe the criminal charges the more likely they are to be handled in Superior Court, while minor charges are typically resolved in Municipal Court. We have a well deserved reputation for being the best in both arenas.

The severity of your charges is a determination made by the State and is usually based on a variety of factors. Penalties will vary based on the degree of the crime and whether or not there was a criminal conspiracy involved.

Call (732) 842-7773 to speak with one of the Moriartys 24 hours a day, 7 days a week to discuss your charges or you can contact us by e-mail to schedule a free initial consultation.