Insurance fraud is a grave accusation and a significant federal offense that can result in severe penalties, including hefty fines and imprisonment. Facing federal insurance fraud charges means you are up against a system with extensive resources dedicated to prosecuting such crimes.
At Bernal Law, we focus on the critical need for a comprehensive understanding when confronting federal insurance fraud charges, given their potential to lead to significant penalties. We emphasize crafting strategic defenses, drawing on our broad legal background, including prosecutorial experience, to navigate these complex issues effectively.
Defenses You Can Use During Your Federal Insurance Fraud Case
Many defenses for federal insurance fraud may be helpful depending on the circumstances surrounding your charges, accusations, and actions you might have completed. However, it is far easier to determine which arguments are best for you and your circumstances when you work with an experienced and qualified criminal defense attorney.
We can help you utilize various defenses for your case, including:
Lack of Intent to Commit Federal Insurance Fraud
In some circumstances, you can argue you never intended to commit federal insurance fraud. This defense may align with specific other arguments we list and others you can discuss with your attorney. Generally, this defense would claim that you never intended to commit the crime you have been accused of.
While the results may appear similar to those of actual federal insurance fraud, there are circumstances in which this accusation is not valid.
Mistakes or Errors Were Made
Sometimes, especially with government documents that can be difficult to understand, individuals can make mistakes while completing paperwork. If specific errors are pointed out to you but you’ve made those mistakes believing you were filling out the documents correctly, you may argue that you failed to fill it out appropriately by mistake.
Inaccurate Documentation of Records
Depending on the circumstances, multiple parties can make mistakes with documentation. Maybe you, the insurance company, or another party kept incorrect records that ultimately impacted the accusations. Especially if another party gave you incorrect paperwork, you may argue that certain mistakes were out of your hands.
Insufficient Evidence
In some cases, charges may be brought against you but the evidence is insufficient. If there is insufficient evidence to prove you committed federal insurance fraud, you and your attorney may make this argument.
Entrapment or Duress
Sometimes, individuals pressure others to perform actions they typically would not. If someone convinced you to do something illegal, we encourage you to collect evidence showing this. Evidence may include written communications where you were threatened or held against your will to do something illegal.
Withdrawal
If you realize that you have made a mistake with any paperwork and you attempted to withdraw and resubmit documentation, arguing so may be beneficial in your defense. Showing you made a genuine effort to correct mistakes will be a beneficial argument if you can prove it is true.
Statute of Limitations
There may be a case where you have committed a crime, but the statute of limitations to take legal action against you has passed. If true, the court may drop the case and close the litigation.
Reliance on Professional Advice
If you sought help from a professional and show that this professional made mistakes, you may have a strong enough defense to remove charges. However, you may also need to demonstrate you had good faith in this professional and did not seek them out because they have a track record of fraud.
Identity Mistake
Sometimes, law enforcement makes mistakes, and the charges you face are meant for someone else. Demonstrating that your charges were intended for another person may be a strong and useful defense.
Work With a Federal Insurance Fraud Defense Attorney From Bernal Law
Federal insurance fraud charges can be a daunting experience, but you don’t have to navigate legal matters alone. Bernal Law, led by Pedro Bernal, is equipped with the knowledge and experience to defend your rights and work towards the best possible outcome. We’re fluent in English and Spanish, so you can feel more confident communicating with us.
Contact us if you’re seeking a defense strategy tailored to your unique situation. Reach out via phone at (619) 736-9092 or complete our contact form for more information. Let us stand by your side and fight for your justice.
