Insurance Fraud Attorney in Las Vegas
Submitting fraudulent insurance claims for financial gain is a felony offense in Nevada. If a person is convicted of intentionally exaggerating or fabricating car insurance, health insurance, or unemployment insurance claims, he or she may be sentenced to lengthy imprisonment, heavy fines, and other penalties.
Prosecutors in these types of cases need to demonstrate clear and compelling evidence that alleged offenders knowingly defrauded insurance companies. If you are under investigation or have already been charged with fraud relating to any type of insurance, you should avoid making any statements to or answering any questions from insurance agents or law enforcement until you have legal representation.
Fraud Is A Serious Crime
Michael Pariente’s experience includes time as a prosecutor as well as a federal public defender in U.S. District Courts in Texas before opening his own defense firm. He fights on behalf of clients all over Clark County, including North Las Vegas, Spring Valley, Paradise, Henderson, and Mesquite.
Pariente Law Firm, P.C. will aggressively pursue the most favorable outcome to your case. Let our firm review your case to help you fully understand all of your legal options by contacting us today at (702) 966-5310.
Clark County Insurance Fraud Information Center
- How is this crime defined in Nevada?
- What are the consequences of a conviction?
- Are there ant defenses against these charges?
Nevada Definitions of Insurance Fraud
Under Nevada Revised Statute § 686A.2815, this offense is defined as knowingly and willfully committing any one of the following actions:
- Presenting or causing to be presented any statement that to an insurer, a reinsurer, a producer, a broker or any agent thereof, if the person who presents or causes the presentation of the statement knows that the statement conceals or omits facts, or contains false or misleading information concerning any fact material to an application for the issuance of a policy of insurance pursuant to this title.
- Presenting or causing to be presented any statement as a part of, or in support of, a claim for payment or other benefits under a policy of insurance issued pursuant to this title, if the person who presents or causes the presentation of the statement knows that the statement conceals or omits facts, or contains false or misleading information concerning any fact material to that claim.
- Assisting, abetting, soliciting or conspiring with another person to present or cause to be presented any statement to an insurer, a reinsurer, a producer, a broker or any agent thereof, if the person who assists, abets, solicits or conspires knows that the statement conceals or omits facts, or contains false or misleading information concerning any fact material to an application for the issuance of a policy of insurance pursuant to this title or a claim for payment or other benefits under such a policy.
- Acting or failing to act with the intent of defrauding or deceiving an insurer, a reinsurer, a producer, a broker or any agent thereof, to obtain a policy of insurance pursuant to this title or any proceeds or other benefits under such a policy.
- As a practitioner, an insurer or any agent thereof, acting to assist, conspire with or urge another person to commit any act or omission specified in this section through deceit, misrepresentation or other fraudulent means.
- Accepting any proceeds or other benefits under a policy of insurance issued pursuant to this title, if the person who accepts the proceeds or other benefits knows that the proceeds or other benefits are derived from any act or omission specified in this section.
- Employing a person to procure clients, patients or other persons who obtain services or benefits under a policy of insurance issued pursuant to this title for the purpose of engaging in any act or omission specified in this section, except that such insurance fraud does not include contact or communication by an insurer or an agent or representative of the insurer with a client, patient or other person if the contact or communication is made for a lawful purpose, including, without limitation, communication by an insurer with a holder of a policy of insurance issued by the insurer or with a claimant concerning the settlement of any claims against the policy.
- Participating in, aiding, abetting, conspiring to commit, soliciting another person to commit, or permitting an employee or agent to commit any act or omission specified in this section.
Insurance Fraud Penalties in Clark County
This offense is classified as a category D felony, and a conviction may result in:
- Minimum one year and maximum sentence of four years in state prison
- Maximum fine of $5,000
Nevada Revised Statute § 686A.292 also lists the following additional penalties that may be imposed on a person who is convicted of or pleads guilty, guilty but mentally ill, or nolo contendere to this offense:
- Court costs
- The cost of the investigation and prosecution of the offense
Nevada Insurance Fraud Defenses
A conviction for a federal drug offense can result in significant prison time and fines, and many sentences involve mandatory minimum sentences. You may face aggravated charges depending on your criminal history, your age, the ages of people you distributed controlled substances to, and the location of the alleged offense.
- Investigator Error — Clerical errors made by investigators for Nevada’s Insurance Fraud Unit or the insurance company can result in charges being dismissed
- Lack of Evidence — The prosecutor may not have enough clear and compelling evidence to prove that you knowingly and willfully intended to defraud
- Misidentification — It may be possible for an innocent person who is the victim of identity theft to be charged with a crime that was committed by another person
- Mistake of Fact — A person may have filed honestly filed a claim for an accident that they only later learned had a different cause
- No Criminal Intent — An alleged offender may have innocently and accidentally made mistakes in their claims or information
- Statements Not Fraudulent — The prosecution cannot use a comment about the future or an expression of opinion as the basis for fraud
Find the Best Insurance Fraud Lawyer in Las Vegas
Pariente Law Firm, P.C. aggressively defends clients all over Clark County against criminal charges. We represent people all over the city of Las Vegas and surrounding areas like Nellis Air Force Base, Enterprise, Boulder City, Sunrise Manor, and Laughlin.
Michael Pariente has more than 15 years of courtroom experience, and he can fully investigate the facts of your case before working to get the charges against you reduced or dismissed. Call (702) 966-5310 today to let our Nevada criminal defense attorney evaluate your legal options during a no obligation legal consultation.
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