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New York Penal Code 176.15: Insurance fraud in the fourth degree

Insurance exists to compensate a person when they suffer an unexpected loss or injury. In some cases a person might try to get money from an insurance company when they haven’t suffered a loss. This is insurance fraud, and it’s against the law in the state of New York.

There are different types of insurance fraud

The crime of insurance fraud in New York is actually several different crimes. The state divides insurance crimes into different degrees. These degrees depend on the severity of the offense. Insurance fraud in the first degree is the most serious of the insurance fraud crimes.

Insurance fraud in the fourth degree is a violation of New York penal code § 176.15. It involves insurance fraud in the amount of at least $1,000 but less than $3,000. That means you must have committed insurance fraud in an attempt to get an amount of money in that range. If you tried to obtain more or less money, you can face insurance fraud charges of a greater or lesser degree.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

What happens if you’re convicted

Insurance fraud in the fourth degree is a felony. It’s a class E felony, so you can spend up to four years in prison if you’re convicted. The court can also order you to pay a hefty fine in addition to paying restitution for the amount that you cheated the insurance company. You can serve as many as five years on probation for the offense. Talk to an NYC criminal lawyer at Spodek Law Group for more information about potential penalties for a charge of insurance fraud in the fourth degree.

Other similar charges

There are a few similar charges under New York law. One of them is health care fraud. Another is life settlement fraud. If you’re facing insurance fraud, you might face these related charges in addition to or instead of insurance fraud charges.

An example

One example of insurance fraud is a false worker’s compensation claim. For example, Nia gets hurt at work. She works in a department store, and a heavy piece of furniture falls on her foot. Nia files a worker’s compensation claim. She asks for payments because she can’t work.

Nia’s application for worker’s compensation asks if she works anywhere else. She says no. In fact, this isn’t true. Nia continues her other job as a bank teller. She decides not to report her second job because she doesn’t want the state to deny her worker’s compensation claim.

Nia eventually receives $2500 in worker’s compensation payments. She wouldn’t have received these payments if she had been honest about her employment. She purposefully chose not to tell the truth so that she could get payments that she didn’t really deserve. In this case, Nia comitted insurance fraud in the fourth degree.

Defenses to the charge

If you’re facing a charge of insurance fraud, you can evaluate each part of the charges to see what evidence the state has against you. For the state to prove insurance fraud, they have to prove that you tried to cheat the insurance company on purpose. If there’s an innocent explanation for what happened, the state might not be able to convince a jury that you’re guilty of the charge against you.

The state has to prove that you tried to get at least $1,000 using dishonest means. If the state can’t prove any part of the case against you, you might be not guilty of the offense. An experienced attorney can help you evaluate and defend the insurance fraud charges against you.

New York Penal Code 176.10: Insurance fraud in the fifth degree

When people are struggling financially, the temptation to find a short-cut or simple solution can be overwhelming. White collar crime such as insurance fraud has been on the rise over the years. It is important to understand what the New York Penal Code says about insurance fraud, examples of what insurance fraud could include, and defenses that your attorney might raise if you get charged with a white collar crime such as insurance fraud.

Insurance Fraud in the Fifth Degree
Every crime starts with a basic statue. Fraud in the fifth degree is the starting point and the base level for insurance fraud. Basically, this is defined as any insurance act that is fraudulent in nature. The statue itself is fairly vague so it is important to understand the key elements. There are 3 parts to proving insurance fraud.

1) Insurance fraud must involve a written statement as either part of an application or in support of an application for an insurance claim.

2) The person must know that the statement will be presented to an insurer with the intent to file an insurance claim.

3) The person must know that the statement has false or misleading information with the intent to conceal the truth.

Insurance fraud in the fifth degree is considered a class “A” misdemeanor and carries up to 1 year in jail. However, this is the base statue and is rarely the only charge that is filed. Additional charges could include theft if there is monetary gain. If there is more than 1 person involved, there could be additional charges related to organized crime.

Examples of Insurance Fraud
Insurance fraud covers a wide range of activities. Some of the more commonly seen crimes could include:

– Auto insurance fraud where people sell their cars and report it stolen to collect the insurance money

Personal injury fraud where people fake an injury on the job to collect workman’s compensation

– Health insurance fraud where people falsify information on their health insurance applications or fail to disclose other health insurance coverage

– Personal insurance fraud where people claim their insured personal possessions were stolen or valued at a much higher amount than they are actually worth.

– Nuisance insurance claims where people fake injuries or plant foreign objects in their food to try to get insurance companies to settle to avoid the bad press or just get rid of the “nuisance” claim

There are defenses a good attorney can use to help protect you if you get charged with an insurance fraud crime. A good attorney will thoroughly investigate each claim looking for weak spots or holes in the prosecutor’s case. They can get illegal evidence thrown out of court. They can file motions to dismiss or drop certain charges if the prosecutors “overcharge” a case. They might be able to prove that there was no intent to defraud which could led to a complete dismissal.

White collar crime hurts everyone, and prosecutors and Assistant District Attorneys have been aggressively prosecuting claims of insurance fraud. In addition, judges have have been more willing to impose the maximum sentences to send a message and try to stem the rise of white collar crime such as insurance fraud. There are defenses if you get charged with insurance or healthcare insurance fraud in the New York area. The most important thing to do is hire a New York attorney that is experienced in these types of claims and can present a case that will you a chance to defend yourself.

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