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Insurance Fraud

Knowledgeable Defense Lawyer Defends Clients Charged in Boston and Throughout Suffolk County

Insurance fraud consists of making false or misleading statements to an insurance company with the intent to obtain some financial benefit. Insurance fraud is illegal and, as of recently, is prosecuted aggressively by the State of Massachusetts. If you are facing allegations that you attempted to defraud an insurance company, reach out to the Law Office of Patrick J. Murphy. Attorney Murphy has the knowledge and experience you need to successfully defend against even the most complex white collar crimes.

Types of Insurance Fraud

The term insurance fraud broadly describes any type of fraud committed against an insurance company. There are many types of insurance fraud. Some of the most common types include automotive insurance fraud, homeowner’s insurance fraud, and healthcare fraud.

Insurance fraud can occur in one of two ways. In some situations, the party purchasing the insurance (the insured) creates a plan to file a false or manufactured claim. This is referred to as “hard” fraud. For example, the following are examples of hard insurance fraud:

Staged car accidents - The insured causes a car accident but arranges to have a “witness” say that another motorist caused the collision.

Arson schemes – The insured burns down their own home, claiming it was an accident or that someone else started the fire.

False healthcare claim – The insured files a claim for reimbursement under a health insurance policy for treatment they never received.

More commonly, however, insurance fraud is a crime of opportunity. Soft insurance fraud refers to misrepresenting facts in an otherwise legitimate insurance claim or lying in an application for insurance fraud. Examples of soft insurance fraud include:

Inflated damages – The insured includes losses that they did not sustain in an insurance claim, such as reporting that someone stole expensive items from their car or that pre-existing damage was caused by a car accident.

Late-bought policies – The insured purchases or modifies coverage after an accident or other loss and then files a claim under the new policy language.

Providing false information – The insured provides false information in an insurance application to obtain a cheaper premium rate.

Defending Against Insurance Fraud Claims

If you face charges of insurance fraud in Boston, you should know a few things. First, the way the laws are phrased, anyone who lies to an insurance company may be on the hook for insurance fraud, regardless of whether they stand to benefit personally. Thus, if you agree to make a false statement on behalf of a friend or family member’s claim, the government can charge both you and the policyholder with fraud.

Second, insurance companies are almost certainly going to help law enforcement. Let’s face it, in many Boston criminal cases the alleged victim may not be on board. Maybe they don’t want to be bothered by coming to court or want to avoid being seen as a “rat.” This is rarely an issue in insurance fraud cases. Insurance companies have entire teams dedicated to investigating fraudulent claims and work closely with law enforcement and prosecutors to provide them with everything they need to bring a case.

Third, the rules of evidence can make proving an insurance fraud case tough. Fraud cases are some of the most challenging to prosecute due to the number of witnesses needed. Under the Confrontation Clause of the Sixth Amendment, you have the right to confront the witnesses against you. In most cases, this requires the prosecuting attorney to present live testimony from all necessary witnesses. However, in insurance fraud cases, inexperienced prosecutors may overlook certain witnesses. If a prosecutor brings a case without the necessary witnesses, and your lawyer objects, the court may have no choice but to throw out the case. In many cases, the burden of prosecuting an insurance fraud case also opens the door to the possibility of negotiating a favorable plea agreement.

Are You Facing Boston Insurance Fraud Charges?

Insurance fraud and white collar crimes such as embezzlement and credit card fraud are exceptionally complex and requires the assistance of a knowledgeable defense attorney with hands-on experience handling this particular type of case. Attorney Patrick J. Murphy is a veteran defense lawyer who has successfully handled countless insurance fraud cases for more than 25 years. He knows what the prosecution needs to prove and who they need to call to prove their case. If the prosecution shows up unprepared, Attorney Murphy won’t let them take any shortcuts. With his help, you can rest assured that your future is in good hands. To learn more, and to schedule a free consultation, call (617) 367-0450 today.

Client Reviews
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"Highly Recommended. Attorney Patrick J. Murphy absolutely helped me out in my time of need. When I met him in his Boston office he put me right at ease and explained the criminal process to me in a way I could easily understand and in a manner that gave me complete confidence. I was facing a criminal wanton destruction of property charge in Barnstable District Court. On the day of the case, he was at the courthouse waiting for me and my wife. Mr. Murphy handled the hearing in a very thorough and professional manner putting us through our testimony and making a powerful argument to the decision maker. My case was thrown out and I could not be happier with the service from Attorney Murphy. I highly recommend him to you as a skilled legal advocate!" Rob, Avvo User
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"Excellent Criminal Defense Lawyer. From the first consultation I knew Patrick Murphy was the right choice for my criminal defense. He was knowledgeable of the laws and knew how to build up a strong defense for my case. Every phone call and email I made was promptly answered. When it came time for my hearing, Patrick was prepared and able to get the criminal complaint against me dropped without ever becoming charge! Would highly recommend this attorney to anyone seeking a top quality defense attorney to handle their case!" John, Avvo User
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"OUI Not Guilty Verdict. Patrick Murphy provided excellent service as council on my case. He worked diligently over a long legal process that spanned over 3 years. He was able to take my case to a Jury Trial and get me a Not Guilty verdict through he expert knowledge of the law and expertise in cross examination of the prosecutions witnesses. He was very professional and available at anytime night or day to answer questions." Chris, Avvo User
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"Highly Skilled and Professional Lawyer. Attorney Pat Murphy did a great job guiding me through an A&B charge, and most importantly getting the case dismissed in a very timely manner. He is very professional, returns call promptly, and did a great explaining his strategy and the legal process to me. I was confident throughout the whole process that I was in good hands and would receive the best possible outcome in my case. Would highly recommended Attorney Murphy." Avvo User
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"I Felt That I was in Good Hands... and I Was! Mr. Patrick J. Murphy was very quick to respond to my needs. He was always there to answer any questions I had in a timely fashion, and he made me feel very comfortable in an extremely uncomfortable situation. Having Mr. Murphy by my side in the courtroom felt like I was at an advantage. He speaks with confidence. He doesn't stutter or pause while put on the spot. He treated me with respect. He listens. He always greeted me with a warm welcome and never wasted any time." Avvo User