Insurance Fraud charges in Kansas

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What is the Kansas Law on Insurance Fraud?

Statute 40-2,118: Fraudulent insurance act defined

Fraudulent Insurance act defined; penalty; notification of commissioner, when; antifraud plan. (a) For purposes of this act a "fraudulent insurance act" means an act committed by any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto.
(b) An insurer that has knowledge or a good faith belief that a fraudulent insurance act is being or has been committed shall provide to the commissioner, on a form prescribed by the commissioner, any and all information and such additional information relating to such fraudulent insurance act as the commissioner may require.
(c) Any other person that has knowledge or a good faith belief that a fraudulent insurance act is being or has been committed may provide to the commissioner, on a form prescribed by the commissioner, any and all information and such additional information relating to such fraudulent insurance act as the commissioner may request.
(d) (1) Each insurer shall have antifraud initiatives reasonably calculated to detect fraudulent insurance acts. Antifraud initiatives may include: fraud investigators, who may be insurer employees or independent contractors; or an antifraud plan submitted to the commissioner no later than July 1, 2007. Each insurer that submits an antifraud plan shall notify the commissioner of any material change in the information contained in the antifraud plan within 30 days after such change occurs. Such insurer shall submit to the commissioner in writing the amended antifraud plan.
The requirement for submitting any antifraud plan, or any amendment thereof, to the commissioner shall expire on the date specified in paragraph (2) of this subsection unless the legislature reviews and reenacts the provisions of paragraph (2) pursuant to K.S.A. 45-229 and amendments thereto.
(2) Any antifraud plan, or any amendment thereof, submitted to the commissioner for informational purposes only shall be confidential and not be a public record and shall not be subject to discovery or subpoena in a civil action unless following an in camera review, the court determines that the antifraud plan is relevant and otherwise admissible under the rules of evidence set forth in article 4, chapter 60 of the Kansas Statutes Annotated, and amendments thereto. The provisions of this paragraph shall expire on July 1, 2011, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2011.
(e) Except as otherwise specifically provided in K.S.A. 21-3718 and amendments thereto and K.S.A. 44-5,125 and amendments thereto, a fraudulent insurance act shall constitute a severity level 6, nonperson felony if the amount involved is $25,000 or more; a severity level 7, nonperson felony if the amount is at least $5,000 but less than $25,000; a severity level 8, nonperson felony if the amount is at least $1,000 but less than $5,000; and a class C nonperson misdemeanor if the amount is less than $1,000. Any combination of fraudulent acts as defined in subsection (a) which occur in a period of six consecutive months which involves $25,000 or more shall have a presumptive sentence of imprisonment regardless of its location on the sentencing grid block.
(f) In addition to any other penalty, a person who violates this statute shall be ordered to make restitution to the insurer or any other person or entity for any financial loss sustained as a result of such violation. An insurer shall not be required to provide coverage or pay any claim involving a Fraudulent Insurance act.
(g) This act shall apply to all insurance applications, ratings, claims and other benefits made pursuant to any insurance policy.

What is the rage of punishment for a first conviction for Insurance Fraud?

Determining a accurate range of punishment depends largely on the accused person's criminal history and the specific part of the law they have violated. This is not a univiseral range of punishment and any individual charged with such a crime should look to a an experienced criminal attorney to give them the possible range of punishment that they are subject to.


7-46 Months if charged as a Felony

0-12 Months if charged as a Misdemeanor


How can a Criminal Defense Attorney help?

The first thing a criminal defense attorney can do is investigate your case. A criminal defense attorney can listen to your side of the story as well as find out what law enforcement is alleging you did and what evidence they have against you. A criminal defense attorney can then give you an accurate analysis of your case and tell you the strengths and weaknesses of your possible defenses. A criminal defense attorney can act on your behalf to minimize any further damage. A defense attorney can advise you on what you need to do, and what you should not do. A criminal defense attorney can take the heavy load of stress surrounding your criminal charges and bring some solidarity and council to your situation.


Should I defend myself?

You would never think of performing brain surgery on yourself, so why would you ever try to defend yourself in a criminal case. When you are charged with a crime, you need help. Your life, liberty, and reputation are on the line and you need to defend them. You need an attorney that knows the ends and outs of the local courts, one that understands criminal procedure and can help achieve the best outcome possible for you. You need an defense attorney that can sit down with you, explain the law and give you accurate legal advice based on your specific facts. You need help and you need it from a qualified criminal defense lawyer.


What does it cost to hire a criminal defense attorney on an Insurance Fraud Case?

Things we consider when determining our Attorney's fee:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the time limitations imposed by the client or by the circumstances;
(5) the nature and length of the professional relationship with the client;
(6) the experience, reputation, and ability of the lawyer or lawyers performing the services;


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