New Jersey insurance fraud prosecutors are on the warpath. Really. People get indicted for all kinds of insurance fraud in New Jersey every week. That certainly keeps New Jersey insurance fraud lawyers busy. And, get this: it's much easier to get in trouble for insurance fraud than most people think.

So, what can you do to break one of New Jersey's numerous insurance fraud statutes? Well, for starters, you can submit a claim for payment, reimbursement or other benefit from an insurance company or the Unsatisfied Claim and Judgment Fund of New Jersey. You can also file an application to obtain or renew an insurance policy.

Obviously, it involves more than filing an application or submitting claims. Think about signing or submitting affidavits, certifications, records, or any other paperwork used in any insurance or premium finance transaction. The list really goes on. You play games with an insurance company, and you may soon be in the sights of insurance fraud prosecutors.

What should the State prove to convict one of insurance fraud? That's easy. The prosecutors must prove that you have made, or have caused to be made, a false, fictitious, fraudulent, or misleading statement of material fact in any record, bill, claim or other document, in writing, electronically or in any other form. Alternatively, you must have omitted or caused to be omitted, a material fact from any record, bill, claim or other document, in writing, electronically or in any other form. Finally, the law requires the State to prove that you have done all those terrible things knowingly. As New Jersey insurance fraud lawyers, we make sure the State has a hard time proving all this.

Every case is different, of course, and no lawyer can win every case. Sometimes the evidence is just overwhelming. Sometimes, the law makes it easier for the State to prove guilt. For example, the law allows the court to make an inference of intentional fraud from the fact that a person signed or submitted an application, claim, affidavit, certification, etc.

Insurance Fraud in New Jersey is a third degree crime. It can be upgraded to a second degree crime if the defendant knowingly commits five or more acts of insurance fraud and if the aggregate value of property, services, or other benefit wrongly obtained or sought to be obtained is at least $1,000. Each act of insurance fraud is considered an additional separate crime. Five or more separate acts may be combined to establish criminal liability for insurance fraud. And, just because you're indicted for insurance fraud doesn't mean you can't be indicted for other offenses as well. New Jersey third-degree crimes carry a maximum sentence of five years in prison and a $15,000 fine. Second-degree crimes may get you a maximum sentence of 10 years in state prison and a $150,000 fine.

A word of advice. In most insurance fraud cases, police will not show up at your door at 5 a.m. with an arrest warrant. You will usually receive a call from an investigator, from the insurance company or the prosecutor's office, who will ask you questions about your insurance transactions, claims, etc. They may tell you that you are being investigated for fraud. The most natural reaction of most people in this situation is to talk, and talk and talk to the investigator. Makes you feel good, right? Sort of ease you conscience. It may be so, but you're helping them to build their case against you. So, this is the second to worst choice. The worst choice is to tell the investigator to go to hell and stop bogging you. The best choice is to politely reply that you are interested in discussing the case with them in the presence of your lawyer, take their number, and promise them that your lawyer would be calling them. Then, you guessed it right, you should call a good New Jersey insurance fraud lawyer and take it from there. If you've been accused of insurance fraud in New Jersey, please call on us to help you.