Sunday, May 20, 2018

Finding a Life and Health Insurance Fraud Attorney to Help You

Fighting fraud is one of the practice areas of Robert A. Dodell, Attorney at Law. Insurance fraud victims should be able to find affordable legal representation to help defend their case. Attorney Robert Dodell is here and available to offer you legal assistance to defend your rights. People seeking financial gain use insurance fraud to either receive maximum benefits or acquire services. Educate yourself about insurance fraud to protect yourself from being someone’s next target.

What is life insurance fraud?

Life insurance is one of the motives for murder in the US. Recipients of insurance money would kill or hire another person to murder the policyholder for the hundreds of thousands of dollars in insurance payout. Other instances of insurance fraud go as far as faking disabilities or death to obtain insurance money. Insurance fraud is generally described as hiding information during the application procedure and making false insurance claims afterward. People would also tend to cover up their ailments to be able to acquire a life insurance policy. With so much money at stake, insurance companies typically examine claims and suspicious deaths.They seek help from private investigators to probe insurance claims. However, some people are capable of using tactics to collect life insurance money and deceive family, friends, and insurers.  

Types of life insurance fraud

There are two main types of life insurance fraud. The first kind is easier to investigate and has less legal or criminal consequences. The second kind is more dangerous and involves serious criminal charges. Here are some ways life insurance fraud are committed:  
  • Premeditated Murder

Insurance policies pay out when the insured dies or is murdered. However, the person, usually a family member, who killed or hired a killer, is not allowed to benefit from the crime. Legal consequences will also be enforced for this kind of insurance fraud. Individuals who are found guilty of murder for insurance payout will have to face criminal charges, as well as fraud accusations.  
  • Faked Deaths and Disabilities

Fraudsters who fake their deaths have to stay out of sight to convince people they are indeed dead. However, not all people are capable of completely cutting ties with family members or friends. Hence, they get caught and brought to the appropriate court. Faking one’s death or disability may not be a crime in itself, but the people who collect payouts under pretense are guilty of fraud. Lying about medical records or death to obtain benefits will incur penalties, depending on what state the scheme was committed.  
  • Forgery

Forgery refers to unauthorized alterations in the insurance plan. For instance, a family member, friend, or even a stranger gets access to a person’s insurance policy and information, and changes the recipients of the insurance payout.  
  • Policy Up-Selling

Policy up selling isn’t necessarily a scam, but it’s a common dirty practice among dishonest commission agents. The insurance agents may make false promises such as increased payout if the insurance holder gets embroiled in an accident and dies.  
  • Pocketed Premiums

Insurance agents also do fraudulent activities that involve misappropriating client premiums instead of buying life insurance. Fraudsters typically sell policies to senior citizens that are unfitting for their needs. When found guilty, the fraudster can face over ten years imprisonment. Other states impose varying penalties, depending on the amount of money involved in the scheme.  

What is health insurance fraud?

Health insurance fraud is another type of insurance fraud perpetrated by few deceitful individuals or institutions. Unfortunately, both providers and patients can commit this kind of sham. The medical providers who commit health insurance fraud often misrepresent and alter claims. They also charge more for services, items, and patient appointments that never occurred or furnished. The primary motivation for healthcare fraud by providers is to get more compensation from Medicare. Patients who try to scam healthcare also usually fabricate or conceal health information to receive benefits. Individuals often modify forms; deliberately not reporting information, or covering pre-existing conditions.  

Types of health insurance fraud

The two types of health insurance fraud are as follows:  
  • Individual Health Insurance Fraudster

An individual subscriber commits health insurance fraud by exploiting someone else’s identity to acquire funds, goods, or services. It also refers to someone who lets other people use his or her information to collect health care assistance. In this type of health insurance fraud, individuals also purchase drugs that were not approved by the physician.  
  • Medical Institution Fraudster

The most common offense committed by health care providers is making patients pay for medical supplies, devices, and procedures that were never rendered. For instance, a health care provider will charge high-priced service to gain more compensation and revenue. Some healthcare providers also influence patients to undergo medical treatments that are unnecessary. They even go as far as fabricating results to encourage patients to subscribe to expensive treatments. Perhaps the most menacing case of healthcare fraud is when institutions submit bills for lab tests in a fragmented fashion. As a result, the laboratory will increase their revenue by charging tests separately instead of as a whole.  

Why do you need to talk to an attorney if you’re accused of insurance fraud?

Insurance fraud robs other people of the benefits due to them. It’s a severe problem in the healthcare industry, and anyone proven to have committed the offense can face criminal charges. Violators might pay fines and spend significant time in prison. Any medical provider or individual who is found guilty of life and health insurance policies will have to live with a felony record and stigma for the rest of their lives. This is why you need to talk to an attorney if you've been accused of insurance fraud. As an insurance fraud attorney, Robert A. Dodell, Attorney at Law, will be able to resolve whether you have a legitimate claim and will fight for your best interests. Compensation must be accorded to you if you’ve been unjustly deprived of insurance or accused to have acted in bad faith.  

Contact a Fife Insurance Attorney in Scottsdale

Contact Robert A. Dodell, Attorney At Law for any fraud defense, or send an inquiry thru email to discuss your case if you’ve fallen victim or have become a pawn in life and health insurance fraud.
Finding a Life and Health Insurance Fraud Attorney to Help You was first seen on Law Offices Dodell 

10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321

Thursday, May 10, 2018

Things You Need To Know Before You File For Insurance Fraud

The idea behind having and providing insurance seems perfectly noble. In reality, however, some policyholders and insurers are consumed by greed. As a result, they engage in fraudulent activities to make financial gains against each other. The investigation and litigation for these are bound to be complicated. So if you or a loved one is involved, consult a criminal lawyer like Robert A. Dodell that has experience in insurance fraud to obtain most appropriate legal assistance.

What Is Insurance Fraud?

As the term suggests, insurance fraud means providing false information in any process involving insurance with the intent to gain. Policyholders and insurers are the main possible perpetrators. However, impostors and third parties may also engage in such crime. A third party is either a professional or a company that willingly renders its services to support a policyholder’s fallacious claim. Healthcare professionals are one of the potential third parties engaged in insurance fraud.

What Are The Elements Of Insurance Fraud?

Insurance fraud comes in various forms. Each form has a different set of elements as well. Furthermore, the elements for each form differ from one state to another. Nevertheless, insurance fraud, in general, has three elements that must be proven in a court. These elements are as follows:
  • The defendant deliberately provides false information.
  • The defendant has intent to gain.
  • The fraud is done in any process involving insurance.
Losing money directly due to the fraud may serve as evidence that the defendant has the intent to gain. However, there’s no need to prove the financial loss as it’s not an element of the crime.  

What Are The Penalties For Insurance Fraud?

The penalties are different for every form of insurance fraud and in every state. Some states regard minor frauds as misdemeanors. As misdemeanors, the penalties are less severe. Possible penalties include probation, community service, and paying a fine. The convicted may also serve some jail time. Severe cases, on the other hand, result to heavier penalties. Fines are higher. Jail time is longer, and it’s not just a possibility. The public records, credit rating, and reputation of the convicted individuals are also tarnished. With these, applying for loans, jobs, and leases will become more difficult for them. Such penalties are only deemed appropriate considering that billions of dollars are lost to insurance scams every year. Additionally, these fraudulent activities increase the amount of premiums that policyholders must pay. But the worst part is that some frauds involve endangering the lives of others.  

Types of Insurance Scams & Fraud

Insurance fraud is mainly classified into soft fraud and hard fraud. Your insurance fraud lawyer may specialize in one or two of the said types. The basic difference between the two is that the potential loss is much greater in hard fraud compared to soft fraud. In hard fraud, there is a deliberate act to create damage, injury, or loss that is covered in an insurance policy. After the act, the perpetrator claims as much as thousands to millions of dollars. Compared to hard fraud, soft fraud is way more common. It tends to involve legitimate claims as well. However, the perpetrator usually exaggerates some details in the claims to get more. In some instances, the perpetrator omits some vital information to lower down the premiums. Soft fraud and hard fraud may involve different types of insurance. Below are the more specific types of insurance scams.  

Insurance Agents & Agency Fraud

In this type of fraud, the victim is usually the policyholder. The perpetrator, either the insurance agents or the entire agency, denies due benefits by doing any of the following:
  • Issuance of bouncing checks
  • Providing less than the due amount
  • Lying about records

Health Insurance Fraud

Policyholders and healthcare professionals are the typical perpetrators of this scheme. These may or may not involve legitimate claims. Below are some types of fraud that involves health insurance.
  • Inflated billing
  • Concealment of health conditions
  • Prescription drug fraud
  • Alteration of forms

Car & Auto Insurance Fraud

Car insurance fraud is one of the usual crimes done by organized rings. Nevertheless, policyholders and insurers alike may also engage in this crime by doing any of the following acts:
  • Faking damages
  • Exaggerating damages and injuries
  • Vehicle arson
  • Vehicle theft
  • Paper collision

Life Insurance Fraud

Scammers wanting to gain more than a hundred bucks go for life insurance fraud. This type of fraud is done by:
  • Faking death
  • False policy application

Bait-And-Switch Schemes

Bait-and-switch schemes mainly involve the insurer. These actually fall under false advertising. In these schemes, the insurer lies to the prospective policyholders to entice them. Acts involved in these schemes include:
  • Advertising a premium rate lower than the actual one
  • Increasing premiums for no legitimate reason

Force-Placed Insurance

In this case, banks and lenders are the potential perpetrators. This type of fraud happens when the borrower fails to extend an insurance policy for his property. Then, the lender forces to get the property insured. This means the borrower can’t shop around for a better deal. This insurance fraud involves:
  • Not informing the borrower (policyholder) about the insurance costs
  • Denying the borrower the chance to apply for a better policy
Gathering and refuting evidence for insurance fraud will be a meticulous process. Scammers are experts on these things so you shouldn’t just act hastily. To improve your chances, consult a reliable insurance fraud lawyer like Robert A. Dodell, Attorney At Law.    
The post Things You Need To Know Before You File For Insurance Fraud is republished from ArizonaCrimLaw - Robert Dodell Law Offices 

Robert A Dodel, Attorney At Law 

10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321

Wednesday, May 9, 2018

Juveniles Offenses and Miranda Rights – Domestic Violence

About 9% of domestic violence cases in the U.S. are charged to juvenile offenders. That’s one juvenile offender for every 11 adult offense cases. If your child have been charged with domestic violence, are under the age of 18, and are looking for an attorney, starting your search with Robert A. Dodell Attorney At Law is the best idea.

What are the Miranda Rights?

The Fifth Amendment gives protection to individuals from being forced to put themselves in a self-incriminating position. When questioned in police custody, a person must be read their Miranda Rights, which entitles them to the following:
  • the right to remain silent (as everything said can and will be used against them in a court of law)
  • the right to an attorney
  • the right to have an attorney present during questioning
  • the right to a court appointed attorney under certain circumstances, if the person cannot afford to hire one.
  As a result of not being read or having understood the Miranda Rights, whatever an individual says while in police custody may not be used against them in court proceedings. Furthermore, if that individual’s statements result in evidence being collected, the State may not be able to use that evidence in court.  

How does the Miranda Rights apply to minors?

The Miranda Rights must be read in a similar manner that the accused should understand. Additionally the officer must advance the right to have a parent present during the questioning. A juvenile must be questioned by police only if they understood these rights when they are read to them. As a parent or legal guardian, you will also be notified that your child is in custody for the alleged offense. However, the child can agree to talk to the police without parents or an attorney present. But after all these, what do you do?  

How Robert Dodell Can Help!

As a parent, you’d want your child to have a bright future. It’s normal to want to keep their juvenile record clean. For the sake of their mental and psychological health, you’d also want to keep them from facing possible time in a juvenile facility. Contact Robert A. Dodell, Attorney at Law, for an experienced lawyer in the areas of juvenile delinquencies and criminal law. Pre-trial discussions may be in place to settle matters informally. Instead of facing trial, your child may just have to be put in some type of diversion or rehabilitation program. Robert Dodell can help set up the written conditions that your child would have to follow after admission of the charges. Your child’s case could be dismissed if they could follow these requirements. While a juvenile could not be convicted, they could be considered an “adjudicated delinquent.” There is also a chance that your child could be tried as an adult instead of a juvenile. Being tried in criminal court is a life-changing experience that threatens your child’s freedom and future. Hiring an experienced juvenile delinquency and criminal defense lawyer is the first line of defense. Robert A. Dodell, Attorney At Law, knows that you and your child have rights and would protect them the best way he knows how: by providing great juvenile defense assistance.
Juveniles Offenses and Miranda Rights – Domestic Violence is republished from assistance and help from Robert Dodell 

Robert A Dodel, Attorney At Law  Defense in Scottsdale and Tempe

10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321