Description
Insurance Fraud includes health insurance fraud, medical insurance billing fraud, HMO fraud, Medicare or Medi-Cal fraud. The definition of Insurance Fraud is to knowingly present or cause to be presented any false or fraudulent claim for the payment of a loss or injury under a contract of insurance, including cause or participate in a vehicular collision or claim theft, destruction or damage of a property or motor vehicle for the purpose of presenting a false claim.
What does the prosecutor have to prove?
1. Defendant knowingly presented or caused to be presented a false or fraudulent claim for payment of a loss or injury, including payment of a loss or injury under a contract of insurance. or
1. Defendant aided and abetted in presenting or causing to be presented a false or fraudulent claim for payment of a loss or injury, including payment of a loss or injury under a contract of insurance. or
1. Defendant conspired to present or cause to be presented a false or fraudulent claim for payment of a loss or injury, including payment of a loss or injury under a contract of insurance.
2. Defendant did so with the specific intent to defraud.
Punishment
Felony: 2years/3years/5years
With probation 0-364 days