Federal Insurance Fraud

Federal Insurance Fraud: How Josh Tomsheck of Hofland & Tomsheck Can Defend You Against Federal Insurance Fraud Charges

Insurance fraud involves the deliberate deception of an insurance company to receive payment or benefits to which the claimant is not entitled. Federal insurance fraud cases are aggressively prosecuted under statutes such as the Federal Mail Fraud (18 U.S.C. § 1341) and Wire Fraud (18 U.S.C. § 1343) laws. Convictions for federal insurance fraud can result in severe penalties, including long prison sentences, substantial fines, and the forfeiture of assets gained from fraudulent claims.

If you or someone you know is facing federal insurance fraud charges, it is essential to have an experienced attorney who understands federal fraud laws and can build a strong defense. Josh Tomsheck, a nationally Board-Certified criminal defense attorney with Hofland & Tomsheck, has successfully defended clients against federal insurance fraud charges. His expertise in fraud law and his commitment to his clients make him a trusted advocate in these serious cases.

Understanding Federal Insurance Fraud Laws

Federal insurance fraud typically involves the use of interstate communications, such as mail or electronic communications, to submit fraudulent claims to insurance companies. Common forms of insurance fraud include healthcare fraud, auto insurance fraud, property insurance fraud, and life insurance fraud.

• Mail Fraud (18 U.S.C. § 1341): This statute makes it a federal crime to use the U.S. Postal Service or any mail carrier to execute or attempt to execute a fraudulent scheme, including submitting false insurance claims through the mail. This is one of the primary statutes used in federal insurance fraud cases.
• Wire Fraud (18 U.S.C. § 1343): This statute criminalizes the use of electronic communications, such as telephone or internet communications, to carry out a fraudulent scheme. Federal wire fraud charges often accompany insurance fraud cases when claims are submitted electronically.
• Health Care Fraud (18 U.S.C. § 1347): This statute specifically targets fraud related to healthcare insurance programs, such as Medicare and Medicaid. It criminalizes submitting false claims for services or treatments that were not provided, billing for unnecessary procedures, or inflating medical bills.
• Conspiracy to Commit Fraud (18 U.S.C. § 371): In many insurance fraud cases, defendants are charged with conspiracy to commit fraud if they worked with others to plan or execute a fraudulent scheme. The penalties for conspiracy can be just as severe as the underlying fraud charges.

Penalties for Federal Insurance Fraud Convictions

Federal insurance fraud convictions carry severe penalties, including long prison sentences, significant fines, and the forfeiture of assets gained from fraudulent claims. The severity of the penalties depends on the nature of the fraud, the amount of money involved, and whether the defendant has prior convictions.

• Imprisonment: Convictions for federal insurance fraud can result in prison sentences ranging from 5 to 20 years, depending on the scope of the fraud and the amount of financial harm caused. Defendants convicted of healthcare fraud may face additional penalties if the fraud involved patient harm or injury.
• Fines: Insurance fraud convictions can result in substantial fines, often reaching into the hundreds of thousands or millions of dollars, particularly in cases involving large-scale fraud schemes.
• Forfeiture of Assets: Defendants convicted of insurance fraud are typically required to forfeit any assets gained through the fraudulent scheme, including bank accounts, property, and other assets purchased with fraudulently obtained funds.
• Restitution: In addition to fines and forfeiture, defendants convicted of insurance fraud are often required to pay restitution to the victims, including the insurance companies, to compensate for the financial losses resulting from the fraud.

Common Defenses in Federal Insurance Fraud Cases

When defending against federal insurance fraud charges, Josh Tomsheck uses a variety of defense strategies tailored to the facts of each case. Some common defenses include:

• Lack of Intent to Defraud: One of the key elements of insurance fraud is the intent to deceive the insurance company. Josh Tomsheck will argue that the defendant did not intend to submit false claims or engage in fraudulent conduct, and that any errors were unintentional or administrative mistakes.
• Challenging the Evidence: Insurance fraud cases often rely on financial records, communications, and witness testimony. Josh Tomsheck will thoroughly review the evidence to determine if it was lawfully obtained and whether it supports the charges. He may file motions to suppress improperly obtained evidence or challenge the credibility of witnesses.
• No Fraudulent Conduct: In some cases, insurance claims may have been denied or disputed due to clerical errors or misunderstandings. Josh Tomsheck may argue that the defendant’s actions were not fraudulent, and that the claim was valid under the terms of the insurance policy.
• Lack of Knowledge: In cases involving conspiracy to commit insurance fraud, Josh Tomsheck may argue that the defendant was unaware of the fraudulent activities and did not knowingly participate in the scheme.

How Josh Tomsheck Can Help You in Federal Insurance Fraud Cases

Federal insurance fraud cases are complex and require an attorney with a deep understanding of both fraud law and the intricacies of insurance policies. Josh Tomsheck is an experienced, nationally Board-Certified criminal defense lawyer who has successfully defended clients against a wide range of federal fraud charges, including insurance fraud.

Here’s why Josh Tomsheck is the best choice for your defense:

• Expertise in Federal Fraud Law: Tomsheck’s knowledge of 18 U.S.C. § 1341, § 1343, § 1347, and other federal fraud statutes allows him to build strong defense strategies tailored to the specific facts of each case.
• Proven Track Record in Federal Court: Josh Tomsheck has extensive experience defending clients in federal court and has successfully secured reduced sentences, dismissals, and acquittals for his clients in insurance fraud cases.
• Personalized Defense Strategy: Every case is different, and Josh Tomsheck takes the time to understand the specific facts and circumstances of each client’s case. He develops a personalized defense strategy aimed at minimizing penalties and protecting your rights.
• Aggressive Defense: Known for his dedication and tenacity, Josh Tomsheck will fight for you at every stage of the case, from pre-trial motions to trial and sentencing. He is committed to securing the best possible outcome for his clients.

Contact Josh Tomsheck for a Consultation

If you or a loved one is facing federal insurance fraud charges, don’t wait to seek legal representation. Contact Josh Tomsheck at the Law Firm of Hofland & Tomsheck today for a consultation. With his experience, knowledge, and commitment to his clients, you can trust that your case is in capable hands.