Super Lawyers
Justia Lawyer Rating
The Best Lawyers in America
Avvo Clients' Choice
Avvo Rating 10.0
National College for DUI Defense
National Collage for DUI Defense
American Council Of Second Amendment Lawyers
Avvo Clients Choice Award
Avvo Rating
Trial Lawyers University
Best Lawyers
James Publishing Author
Super Lawyers
Trial Lawyers College

Interstate Commerce and Insurance Business Fraud

The insurance industry plays a large role in the American economy. Every day, millions of dollars change hands through the payment of premiums, the filing of claims, and the issuance of money for losses.

As a result, the U.S. government takes a special interest in ensuring that the people who are employed at these companies act in an ethical manner. Any allegation that a person commits fraud or embezzles funds while representing these companies is a serious matter.

If you are facing such charges yourself, a Michigan interstate commerce and insurance business fraud lawyer may be able to help. If retained, a qualified attorney could help you understand the complex federal insurance fraud laws and develop defense strategies designed to protect your rights in United States District Court.

The Legal Basis for Commerce and Insurance Business Fraud Charges

The power of the federal government to enact laws and statutes is strictly limited by the Constitution. However, the Constitution's Commerce Clause does give Congress the power to pass laws that affect and control interstate commerce. Accordingly, Congress can pass laws to punish people who commit crimes that affect interstate commerce.

One resulting set of laws punishes insurance professionals who commit fraud. Specifically, 18 U.S.C. §1033 states that any person who is engaged in the insurance business cannot knowingly make any false statement or intentionally overvalue any land, security, or property. Since insurance companies are so ingrained in the economy of the entire country, most instances of insurance fraud fall under this statute.

For example, if an insurance adjuster responds to a house fire, they are supposed to make a list of all lost property and its monetary value. If that adjuster makes an agreement with the homeowner to overvalue the home or claim property that did not exist as a loss, it would be a textbook example of insurance business fraud.

The penalties for a violation of this statute are severe. These are always felony-level charges that can result in a maximum of 10 years imprisonment. However, if the fraud results in the insurance company going bankrupt, the associated penalty can increase to 15 years imprisonment.

What Other Activities does the Statute Punish?

While 18 U.S.C. §1033 is mainly concerned with punishing insurance agents who commit fraud, this statute also addresses other criminal behavior related to the insurance industry. For example:

  • Subsection (b) addresses willful embezzlement of the funds or premiums of any customer or insurance company
  • Subsection (c) addresses insurance employees or officers who knowingly make false entries into any book, report, or ledger relating to that company's business with the intent to deceive an agency concerning the solvency of the business
  • Subsection (d) addresses people who attempt to coerce, intimidate, or impede any administration of the law by the government

A conviction under any of these subsections is a felony that can result in a maximum penalty of 10 years imprisonment. Like other cases an interstate commerce and insurance business fraud lawyer in Michigan might handle, the punishment for these crimes can be increased to 15 years under certain circumstances.

Talk to a Michigan Interstate Commerce and Insurance Business Fraud Attorney Today

Allegations of interstate commerce and insurance business fraud are complex matters. These charges can involve lengthy government investigations and piles of paperwork. Defendants in these cases can quickly become overwhelmed with information and the complicated legal issues in play, which makes working with an experienced attorney who has the resources to handle their case all the more important.

A Michigan interstate commerce and insurance business fraud lawyer could provide a powerful advantage for you in your case. By working to examine every part of the prosecution's case, file motions in court to exclude any illegally obtained evidence, and present a defense designed to create reasonable doubt in the minds of juries, they could fight on your behalf and defend your best interests. Call today to learn more

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.