Insurance Fraud
N.J.S.A. 2C:21-4.6
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:
N.J.S.A. 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.
If you have been charged with a fraud, you can only make a well-informed decision about how to proceed after discussing your case with an attorney with the appropriate experience. If you would like to speak with me, call 1-732-845-3203 or e-mail Ray at rraya@rayalaw.com to set up a consultation.
I represent clients who have received a summons or been arrested on a wide variety of traffic and criminal offenses, defending them throughout New Jersey.
The Law Offices of Raymond A. Raya, Esq.
Monmouth County Lawyer
Traffic · DUI/DWI · Criminal Defense · Municipal