Insurance Fraud Defense in Tampa, FL
Each year law enforcement detectives with the Division of Insurance Fraud receive and review more than 10,000 referrals alleging instances of insurance fraud. Florida’s Division of Insurance Fraud was established by the Florida legislature in 1976 as the law enforcement arm of the Department of Financial Services.
For fraud investigations at the state level, many of these cases are investigated by local law enforcement agencies or detectives with the Department of Financial Services, Division of Investigative & Forensic Services out of the Tampa Office at 8600 Hidden River Parkway, Suite 100.
At Sammis Law Firm, we are familiar with the best ways to defend people caught up in these types of investigations. You are not required to talk to the investigator.
If you invoke your Fifth Amendment right to remain silent or your Sixth Amendment right to counsel, it cannot be used against you later. In fact, a criminal defense attorney who can help you during every phase of the investigation.
If the investigator or detective finds probable cause that insurance fraud has occurred, then a warrant for your arrest can be issued. An attorney might be able to present mitigating or exculpatory evidence on your behalf to keep that from happening.
After the arrest, the prosecutor with the State Attorney’s Office or Office of the Statewide Prosecution typically takes 21 days to decide whether to formally file criminal charges. In some cases, the filing decision is already made when the warrant for insurance fraud is issued.
In other cases, your attorney might be able to convince the prosecutor to “no file” the case after the arrest.
Attorney for Insurance Fraud Investigations in Tampa, FL
The attorneys at the Sammis Law firm represent individuals during the early or “pre-file” stages of the insurance fraud case when the investigation begins. The goal in the pre-file stage is convincing the investigator or detective with Florida’s Division of Insurance Fraud that criminal charges should not be filed.
Our attorneys are familiar with the way fraud cases are investigated by detectives with the Department of Financial Services, Division of Investigative & Forensic Services.
If you are the target of a fraud investigation related to an insurance case, don’t make a statement until after you have spoken to an attorney. The insurance companies have teams of investigators that are working on finding fraud. When the insurance company finds fraud, they often turn the case over to state investigators or detectives.
You need an attorney focused on you and protecting your rights. Contact us discuss your case.
Call (813) 250-0500 today.
Definition of Insurance Fraud Terms in Florida
Insurance fraud is typically defined as any action a person takes with the intention to fraudulently obtain payment from an insurance company or insurer.
More than one thousand of these cases are presented for prosecution each year resulting in thousands of individuals throughout the State of Florida being arrested and facing serious felony charges. Insurance fraud cases can include any of the following:
- unauthorized insurance entity fraud;
- non-Medicaid related health care fraud;
- workers’ compensation premium avoidance and diversions by employers;
- workers’ compensation claim fraud by employees;
- insurance premium fraud;
- crimes associated with claim fraud;
- viatical application fraud;
- arson for profit;
- burning to defraud an insurance company;
- insurance agent crimes; and
- escrow funds defalcations held in trust by title insurance firms.
Read more about prosecutions for crimes of fraud.
Statistics for Insurance Fraud in Florida
Insurance fraud statistics from the Coalition Against Insurance Fraud (CAIF) in 2008 show that among the different fraud divisions in various states, Florida ranks highly in the following areas:
- Fourth (4th) in the number of referrals from insurance fraud investigations;
- Third (3rd) in the number of insurance fraud cases presented for prosecution; and
- Second (2nd) in the number of arrests for insurance fraud cases.
Additionally, insurance fraud statistics in Florida show that according to a study by the Coalition Against Insurance Fraud (CAIF), Florida’s Division of Insurance Fraud leads the United States in the recovery of losses from insurance fraud through restitution that is court ordered. In 2009, the Division of Insurance Fraud prosecuted cases and obtained court orders for restitution that totaled more than $34 million.
Examples of Insurance Law Crimes in Florida
The most commonly prosecuted crimes related to insurance law in Florida include:
- 6241A – 624.15(1) AND 626.854(6) – UNLAWFUL SOLICITATION BY PUBLIC ADJUSTER
- 6261A1 – 626.112(9) – TRANSACTING INSURANCE WITHOUT A LICENSE
- 8172B – 817.234(1)(A)1 & (11)(A) – FALSE AND FRAUDULENT INSURANCE CLAIM
- 8172B5 – 817.234(1)(A)3 AND (11)(A) – INSURANCE APPLICATION FRAUD
- 8172B2 – 817.234(2)(A) AND 11(A) – INSURANCE FRAUD BY PHYSICIAN
- 8172B2 – 817.234(2)(A) AND (11)(A) – INSURANCE FRAUD BY PATIENT WITH PHYSICIAN
- 8172B6 – 817.234(9) – INSURANCE FRAUD BY STAGED ACCIDENT
- 8172B7 – 817.234(8)(A) – UNLAWFUL SOLICITATION
Bureau of Insurance Fraud in Florida – The Bureau of Insurance Fraud investigates alleged acts of insurance fraud. Many of the criminal charges brought by the investigators involve criminal activity by unauthorized entities illegally doing business in Florida, insolvency of insurance companies due to internal fraud, organized schemes to defraud the public and insurers, and even viatical fraud. The West Central Region has a field office in Tampa and St. Petersburg that covers investigations in Hillsborough, Hernando, Manatee, Pasco, Pinellas, Polk, and Sarasota County.
Finding an Insurance Fraud Attorney in Tampa
If you are looking for a criminal defense attorney in Tampa, Hillsborough County, FL, then call the Sammis Law Firm to discuss your case. Our main office is located in downtown Tampa. Our second office is located in New Port Richey.
We represent clients being investigated for an alleged act of life insurance fraud, healthcare insurance fraud, disability insurance fraud, arson fraud, commercial insurance fraud, homeowners insurance fraud, vehicle insurance fraud or even viatical fraud.
The attorneys at the Sammis Law Firm are experienced in representing clients charged with insurance fraud or related charges for organizing a scheme to defraud in Tampa, Hillsborough County, and the surrounding counties including Pinellas County, Pasco County, Hernando County, Polk County, and Manatee County, FL.
If you are under investigation by the Department of Financial Services’ Division of Insurance Fraud then call us today.
Call (813) 250-0500 today.
This article was last updated on Friday, May 1, 2020.