Last Updated on: 20th October 2023, 10:11 am

How to Challenge Federal Insurance Fraud Charges and Penalties

Dealing with federal insurance fraud charges can be scary. The penalties are severe, and the government has lots of resources to investigate and prosecute. But with the right legal help, you can fight the charges and avoid harsh punishments.

First off, don’t panic. Just take a deep breath. I know this is overwhelming, but we’ll break it down step-by-step. I’ve helped folks in your shoes beat these raps before.

Understand the Charges

There’s a few main laws the feds use to go after insurance fraud:

• 18 U.S.C. §.S.C. § 1343 – Wire Fraud
• 18 U.S.C. § 1347 – Health Care Fraud

Mail and wire fraud laws make it illegal to use the postal service or electronic communications to commit fraud. For health insurance, they get you with health care fraud laws for scams to defraud private or government health plans.

The feds can stack multiple charges too. Like if you used a phone and email to defraud Medicaid, they’ll hit you with wire fraud, health care fraud, and more. The penalties add up quick with multiple felonies.

Get an Experienced Federal Defense Lawyer

Fighting federal prosecutors isn’t like dealing with state or local DAs. The feds have way more resources and higher conviction rates. So you need an experienced federal criminal defense attorney on your side.

Find someone who regularly handles federal white collar and fraud cases. Ask about their experience fighting specific charges like mail/wire fraud or health care fraud. The right lawyer will know how to challenge the government’s evidence and negotiate with prosecutors.

Evaluate the Evidence and Form a Defense

After reviewing the charges, your attorney will examine the prosecution’s evidence. This could include documents, witness statements, surveillance, or expert testimony. Your lawyer will look for legal and factual weaknesses.

Some common defenses in fraud cases include:

• You didn’t intend to defraud anyone – it was an honest mistake.
• You were entrapped by government agents.
• There’s no evidence you used the mail, wire communications, or crossed state lines.
• The alleged victim wasn’t actually defrauded out of money or property.

Your lawyer will craft the best defense strategy based on the specifics of your case.

Attempt to Dismiss the Charges

Before trial, your lawyer can file motions to dismiss the charges due to legal defects in the prosecution’s case. For example, they may argue the indictment fails to allege criminal acts, improper government conduct, or the statute of limitations has expired.

While judges rarely grant these motions, skilled attorneys use them to preview trial weaknesses and start negotiating with the prosecution.

Negotiate a Plea Deal

Given the high conviction rates, most federal fraud cases end in plea bargains. Your lawyer will negotiate for charges to be dropped or reduced, and for lighter sentencing recommendations.

If you have information to trade, you can cooperate with investigators against other suspects in exchange for greater leniency. But beware – cooperation often requires wearing a wire, and you can still face jail time.

Go to Trial as a Last Resort

Few federal cases go to trial – around 3% according to recent statistics. The risks are high, but it may be your best option if you have a strong defense and reasonable doubt in the government’s case.

Your lawyer will file motions to suppress evidence, present witnesses, vigorously cross-examine government witnesses, and seek to undermine their testimony. If you win at trial, the case is dismissed. But losing means harsher punishment than a plea deal.

Get Help with Appeals if Convicted

If you lose at trial, your lawyer can appeal based on legal errors, insufficient evidence, and other grounds. Appeals are complex, so consult experienced attorneys who specialize in federal criminal appeals.

With sharp legal counsel guiding you, it is possible to fight federal insurance fraud charges. But you have to be smart and strategic. The government plays hardball, so you need an experienced lawyer on your team.

Stay positive. With the right defense strategy, we can beat these charges or at least mitigate the penalties. It won’t be easy, but thousands have overcome federal prosecutions and gone on to rebuild their lives. You can too.