Have you been accused of Insurance Fraud in Greeley, Colorado or Weld County? The O’Malley Law Office has over 30 years’ experience defending Insurance Fraud charges and can aggressively fight for you. In a recent news story, a lawyer admitted to police that he had conspired with a shooter as part of an insurance fraud scheme so his son could collect a multimillion dollar life insurance claim. In Colorado, it is a crime to deliberately make false claims or give false information on insurance forms. Below, our top attorneys discuss what is an Insurance Fraud charge and what you need to know if you are facing these criminal charges.
What is the Definition of Insurance Fraud, C.R.S. 18-5-211 in Weld County?
The Weld County definition of Insurance Fraud, found at C.R.S. 18-5-211, is:
(b) With an intent to defraud, presents or causes to be presented, any insurance claim, which claim contains false material information or withholds material information;
(e) With an intent to defraud, presents or causes to be presented, any written, verbal, or digital material or statement as part of, in support of or in opposition to, a claim for payment or other benefit pursuant to an insurance policy, knowing that the material or statement contains false material information or withholds material information.
With the story above, trying to get around a suicide exclusion in a life insurance policy could be considered Insurance Fraud. This case has many other facets which could result in charges other than Insurance Fraud.
What is the Sentence for an Insurance Fraud Conviction in Greeley, Colorado?
In Greeley, an Insurance Fraud charge conviction can result in a misdemeanor or a felony sentence. If a person is applying for insurance coverage by lying or is given an insurance policy or insurance coverage because of false information on the application, it is a misdemeanor. A class 1 misdemeanor penalties are 6 to 18 months in Weld County Jail, and up to $5,000 in fines. All other types of Insurance Fraud are class 5 felonies. A class 5 felony is punishable with 1 to 3 years in Colorado Department of Corrections and up to $100,000 in fines. Often, a charge of Theft, with more serious penalties, accompanies a Greeley Court Insurance Fraud charge.
Types of Insurance Fraud in Weld County, Courts
Two types of people can commit Insurance Fraud in Weld County: individuals and agents. Let’s look at how each can commit this criminal charge:
Individuals:
- Lying on an application
- Making a false claim or filing for an injury that did not happen
- Using an old loss or accident to file a new claim under a new policy
- Staging or falsifying an accident
Agents:
- Misappropriating funds
- Presenting a certificate of insurance with false information
Related Offenses to an Insurance Fraud Charge in Greeley, Colorado
Some Related offenses to Insurance Fraud in Greeley, can be:
- Identity Theft – C.R.S. 18-5-902
- Forgery – C.R.S. 18-5-102
- Unemployment Fraud – C.R.S. 18-4-401
- Theft of Money – C.R.S. 18-4-401
Are you being falsely accused of an Insurance Fraud charge? Be smart, exercise your right to remain silent. The Greeley Police are not there to help you – they exist to build a case against you. Never speak to police or answer their questions, but instead contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6006. Together, we can protect your future.
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