Defending Against Different Types of Fraud
Different Types of Fraud
Fraud, one of the many categories of white collar crime, is a general term referring to a wide variety of offenses involving dishonesty, misrepresentation of fact, knowingly withholding of information, and other types of fraudulent behavior. To put it simply, fraud is the intentional deception of a person or entity by another person or entity for personal or financial gain. There are many categories of this offense, including bank fraud, tax fraud, identity theft, insurance fraud, mail fraud, credit card fraud, and more. In this article, we discuss the following types of fraud: insurance fraud, healthcare fraud, immigration fraud, and credit card fraud, along with their possible sentences, punishments, and defenses. As all cases are different, the information is not to be considered legal advice.
Insurance fraud is committed when a person intentionally defrauds or deceives an insurer in support of a claim for payment under an insurance policy, support of an application for an insurance policy, or receives a benefit in connection with the furnishing of goods and services for which a claim for payment is submitted under an insurance policy. The offense occurs when someone knowingly presents false or misleading information.
Punishment for Insurance Fraud
This is a Class C misdemeanor if the value of the claim is less than $100; a class B misdemeanor if between $100 and $750; Class A misdemeanor if between $750 and $2,500; a state jail felony if between $2,500 and $30,000; a third-degree felony if between $30,000 and $150,000; a second-degree felony if between $150,000 and $300,000; or a first-degree felony if over $300,000.
Possible Defense of Insurance Fraud
Possible defenses of insurance fraud include a lack of intent to defraud, proof that the information presented was not false or misleading, or there was a mistake or misunderstanding in the filing of a claim.
Healthcare fraud is committed when a person knowingly uses false or misleading information or knowingly conceals or fails to disclose relevant information to gain a benefit from the Medicaid program that is unauthorized or greater than the authorized benefit.
Punishment for Heathcare Fraud
Depending on the value of the benefit, this offense can range from a Class C misdemeanor to a felony of the first degree.
Possible Defenses of Healthcare Fraud
Healthcare fraud convictions require proof beyond a reasonable doubt that the person accused intentionally submitted false or withheld relevant information. However, all cases are different and defenses depend on each individual situation.
Immigration fraud is committed when those who are unauthorized to practice law aid potential immigrants through fraudulent methods. This includes the sale of immigration forms normally offered for free by the United States government, promises to expedite the immigration process for a fee, and other related immigration scams.
Possible Defenses of Immigration Fraud
Possible defenses for those who are victims of immigration fraud include lack of knowledge that the documents were fraudulent, or the person providing fraudulent immigration services lied about their standing in the United States government.
Credit Card Fraud
A person has committed credit card fraud when they use a credit or debit card with knowledge that the card was issued to someone else or when they don’t have consent of the original cardholder, the card has expired, been revoked, or cancelled. Card fraud also occurs when a person uses a fictitious card or fictitious card number, a card is stolen from another person with intent to use, sell, or transfer to a person other than the original cardholder, or when a person buys a card from a person they know not to be the issuer.
Punishment for Credit Card Fraud
This offense is a state jail felony, unless committed against the elderly, then it is considered a felony of the third degree.
Possible Defenses of Credit Card Fraud
One common defense for credit card is lack of intent. If you didn’t know your card was expired or didn’t have the necessary funds to cover the transactions, you can claim lack of intent as you didn’t mean to commit fraud. Another is mistaken identity. If it’s not clear who committed the fraud, an attorney can claim the prosecution has accused the wrong person.
Dallas Fraud Defense Attorney
Fraud comes in a wide range of varieties and conviction comes with steep fines and potential jail time. If you’re accused of fraud, it’s important to reach out to an experienced, dedicated defense attorney as soon as you can.
Are you accused of fraud? We’re here to help. Contact Sally Goodman Law to get started on your fraud defense today.