Myrtle Beach South Carolina takes bomb threats and making false statements about explosive devices seriously. Under South Carolina Code Statute 16-23-750, you could be charged with a Class D or E felony when such threat constitutes threatening to kill, injure or intimidate individuals or damage and destroy property by using or threatening to use an explosive device or incendiary device. In South Carolina, there is no statute of limitations for any felony offenses. You can be arrested and tried and convicted at any time during or after the incident has occurred. Terrorist threat charges and convictions can result in fines; jail time of not less than 1 year or more than 15 years as well as courts may order anger management and violence prevention classes for individuals convicted of such crimes.
Case Example:
Saturday night, November 12, 2011, police shut down and evacuated Wal-Mart’s in Horry County, including the Wal-Mart in Myrtle Beach when Horry County Police said a caller using a phone booth along 544, told a 911 operator that they had left a bomb in a Wal-Mart store that might go off at 9 p.m., but did not disclose the exact location. Since the threat involved all of the super centers located on the Grand Strand and neighboring Myrtle Beach area police evacuated both the Wal-Mart in Carolina Forest off highway 501 and the Wal-Mart on Seaboard St. in Myrtle Beach. Police reported that they did not find a bomb in either location. It is not the first time that Wal-Mart has had bomb threats made against it. Police are continuing their investigation to find out who made such a prank call. Police consider this type of threat a high felony offense with serious consequences.
Attorney Assistance
If you are charged with making a bomb threat or giving false information about an explosive device, you are facing serious felony charges in South Carolina and require the assistance of an experienced criminal defense attorney. A South Carolina criminal defense attorney can help in presenting all the facts of your case. The attorney will also investigate whether your rights were violated during police interrogation, whether you were given your Miranda Rights, and whether the police conducted any illegal search and seizure during your arrest. The attorney may also be able to help get your charges reduced, dismissed, or obtain probation, community service or attending of anger management or violence prevention classes.
Sources:
http://www.associatedcontent.com/article/9145703/bomb_scare_temporarily_closes_area.html?cat=8
http://www.thetandd.com/news/opinion/article_aaee4316-f8ff-11e0-8baa-001cc4c03286.html#ixzz1dmevlsAp
http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/OffensesF.htm
http://www.carolinalive.com/news/story.aspx?id=685986
http://statutes.laws.com/south-carolina/title-1
California Penal Code Sections 240 and 241 define an assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” You can be charged with assault even if there are no injuries to the victim. A simple assault under California Penal Code Sections 240-241 is considered a misdemeanor and carries a fine up to $1,000 and jail time up to six months. A simple battery is defined under California Penal Code Sections 242-243 as “any willful and unlawful use of force or violence upon another person.” It can be charged as either a misdemeanor or a felony with a jail sentence of up to 6 months and a fine up to $2,000.
A more serious crime of assault with a deadly weapon (not a firearm) under Penal Code Section 245 is considered a felony. You can be charged with this crime if the police believe you assaulted someone with the intent to commit bodily harm with a deadly weapon other than a firearm. If convicted, you can face up to four years in state prison and a fine up to $10,000. If you possess a firearm even if you did not use it to cause bodily harm, you can be charged with an assault with a firearm, which is also a felony. This also carries up to a four year state prison sentence and a fine up to $10,000 under California Penal Code Section 244. If the crime took place on a school ground, or the victim was a public transportation driver, or the crime was gang related, the sentencing can be elevated. If you are convicted of a felony assault, you also face a strike under the California three strikes law.
Case Example:
Documents filed on Friday September 9, 2011, by attorneys for the Los Angeles Dodger Stadium beating victim Bryan Stow in Los Angeles Superior Court estimating their client’s medical costs to be more than $50 million as a result of the beating of Stow at the Dodger Stadium parking lot after the home game victory against the San Francisco Giants on March 31, 2011. The lawsuit was filed by plaintiff Stow and his children against Dodger’s owner Frank McCourt and 13 team entities on May 24, 2011 alleging assault, battery, negligence, premises liability, negligent hiring, and intentional and negligent infliction of emotional distress. Police say that Stow was beaten because he was a Giant’s fan that had on Giant’s gear at the game. Two suspects who have been arrested and are in custody. Stow remains in a coma in a San Francisco hospital. The trial is estimated to take a week.
Defense attorneys have filed papers challenging some of the claims and requesting that the punitive damages be dismissed because the complaint does not state which 14 named defendants actions account for punitive damages. Other issues defense attorneys are challenging are the sale of alcohol at the stadium, cancellation of the half-off bear promotion after the beating, financial mismanagement by McCourt and alleged gang presence at the stadium. A hearing on the Dodger Team’s motions are set for September 30, 2011, before Judge Khan, who replaced Judge Recana as a result of the attorneys for the Dodgers request.
If you are charged with an assault and/or battery in California, you should not attempt to deal with the police directly. It is recommended that you hire a California criminal defense attorney to defend you immediately. The attorney can use defenses such as your charge does not fall within the three strikes law if you are charged with a felony assault, also argue self-defense or defense of others to get your charges reduced, obtain probation, community service or attendance of a drug or alcohol treatment program or get your case dismissed.
Under California Penal Code Sections 470 through 483.5, forgery is the act of knowingly and intentionally creating false documents and using them as genuine documents. Forgery involves signing someone else’s name or using a non-existent name, forging another person’s handwriting, altering, falsifying or counterfeiting documents or writing a bad check. Documents that are usually forged are checks and financial documents, wills, court judgments, medical records, driver’s licenses and lottery tickets. Forgery can be either a misdemeanor or felony in California depending on the amount that was stolen and prior convictions. Counterfeiting (other than money) is a felony and carries a two to four year California state prison sentence.
The crime of counterfeiting money including gold and silver coins and bill and passing them as genuine or making or owning counterfeiting equipment is treated as a separate federal felony offense under Title 18, Section 471 of the U.S. Code. The Secret Service or the FBI would be in charge of investigating the crime.
Penalties
If you are convicted of a misdemeanor forgery, you face a one year county jail sentence and a fine up to $1,000. For a felony forgery conviction, you face a California state prison sentence of 16 months to three years. For prior felony convictions and either one or two prior strikes, your sentence will be much stiffer under the California Three Strikes Law. You may also face fines up to $10,000 for a felony forgery conviction and have to pay restitution to the victims as well as participate in a community service or labor program. Counterfeiting (other than money) is a California felony and carries a two to four year California state prison sentence. If you are arrested for writing bad checks, you may be eligible to participate in the California bad check diversion program and be required to make restitution to the victim in lieu of charges being filed against you.
Counterfeiting money under Title 18, Section 471 of the U.S. code is a felony and is punishable by a fine or imprisonment up to 15 years, or both. Forging, altering, or trafficking in U.S. government checks or bonds or other obligations is a crime under Title 18, Section 510 of the U.S. Code. You may face fines or imprisonment of up to 10 years or both.
Case Example
Michelle Patton 34 and Timothy Briggs 31 were arrested on Thursday June 9, 2011, by Auburn Police. Ms. Patton was charged with suspicion of forgery, identity theft, being under the influence of narcotics and possession of narcotics paraphernalia. Briggs was arrested on suspicion of being under the influence and possession of a controlled substance. At the time of the arrest, Auburn police and the California state parole officers were conducting a parole search regarding Ms. Patton at an Auburn residence on Easy Way. California state parole offers entered the residence and detained both Ms. Patton and her friend Mr. Brigs. Parole officers and Auburn police found narcotics paraphernalia, items of identification that did not belong to Ms. Patton and forged money orders. One of the detectives recognized the forged money orders from an earlier case that had been investigated this year. The detective also noticed that Ms. Patton was showing symptoms of being under the influence of methamphetamine. Patton and Briggs are being held at the Placer County Jail.
If you are arrested for forgery or counterfeiting in California, you should hire a criminal defense attorney to defend you. The attorney can argue defenses such as lack of intent and that the alleged counterfeit or forged documents would not defraud anyone out of their rights even if they were accepted as genuine documents to get the case dismissed. The attorney may also be able to get your charges reduced to a lesser crime, or you may also be able to participate in the California bad check writing program in lieu of charges being filed against you or obtain community service or probation.
A panel consisting of 435 law enforcement and reform experts released their recommendations on March 16, 2011, after reviewing 11 problem areas of crime ranging from gangs, guns, enforcement of environment laws, school truancy, mortgage fraud, consumer protection, civil rights and victims’ rights at the request of California State Attorney General Kamala Harris. The panel has made recommendations to Attorney General Harris that she take a more active role in the rehabilitation of parolees to keep them from returning to prison. The panel believes that reducing recidivism, which was part of Attorney General Harris’ campaign promises last year, should be one of the primary functions of the California State Attorney General. The Attorney General has not indicated whether or not she will be acting upon the recommendations.
According to statistics, seven out of 10 parolees commit repeat offenses and return to prison within three years. While California spends almost double the national average on inmate incarceration costs and close to a third more than the national average on the supervision of parolees, equating to a dime out of every dollar in the state’s general fund, the expenditures are not substantially reducing recidivism. The panel concluded that it would be more cost effective for the State of California to concentrate its efforts on providing education and training for ex-convicts and by helping them find housing and jobs, which would produce much better long term results. Right now, California does not have unified rehabilitation programs among its agencies for parolees. To address this issue, the panel recommended that Attorney General Harris follow the model that several other states have by convening a state level “re-entry council”, whose function would be to coordinate services among various state agencies.
The Department of Corrections and Rehabilitation’s Cost Cutting Models
While the panel’s recommendations are a good start, budget cuts in California are making it more difficult to fund current programs. The California Department of Corrections and Rehabilitation (CDCR) cost containing rehabilitation model is now using strategies such as shortening the length of in prison substance abuse treatment, using more volunteers, using long term offenders as counselors and literacy tutors and finding alternative ways to deliver educational programs. They are also using a risk assessment tool, COMPAS, to review a convict’s criminal history and other characteristics, including age, to determine their re-offend probability in order to assign them to the best program to mitigate repeat offenses. The CDCR’s policies of using the latest science and other proven techniques has helped reduce recidivism by reducing prison overcrowding and increasing the chances that offenders will be succeed after their return to society and is also saving California taxpayers money.
Other CDCR Successful Programs
The CDCR was instrumental in spearheading legislation which provided the following programs:
· Increase in inmate educational and vocational participation.
· COMPAS offender risk assessment tool.
· Prison to prison employment program which helps offenders find employment by matching prison jobs to community jobs, providing documentation necessary to secure employment prior to their release from prison such as a social security card or birth certificate, providing resumes, assisting with license applications and trade union memberships, and arranging for partnerships with the 49 Local Workforce Investment Boards (LWIB) in the State to work with CDCR parolees to help them find employment.
· Addition of 2,000 in prison substance abuse slots.
· Addition of over 300 parolee mental health slots.
· At least 2,000 re-entry beds.
In order to further improve results, the California legislature will also need to get involved by enacting new laws supporting more rehabilitation programs such as those recommended by the panel so that Governor Brown can sign them into law.
If you are facing a parole hearing, you should consult with a California criminal defense attorney who understands how the Board of Parole Hearings work and can present a written and verbal presentation on your behalf to convince the Board that you are rehabilitated and ready to return to society as a productive member of the community. The attorney can also refer you to community programs that will help you find housing and employment.
Medicare fraud is a serious federal crime. Medicare fraud crimes occurring in California are investigated by the Medicare Fraud Strike Task Force, part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), which is a joint Department of Justice-HHS effort consisting of federal, state and local investigators.You can stiff face fines, jail time, restitution to victims and insurance companies and loss of your professional healthcare license for committing Medicare fraud.
Acts of Medicare fraud include submitting bills for services that were never performed or submitting other fraudulent cost reports, billing more than once for the same services, falsely certifying or giving false information, ordering unnecessary tests (42 U.S.C. §1347, Social Security Act: 42 U.S.C. § 1320a-7b(a), 42. U.S.C. § 1320a-7a(a)(1)(A) and (B)), kickbacks or self referrals (42 U.S.C. § 1320a-7b(b), 42 U.S.C. § 1320a-7a(a)(7), 42 U.S.C. § 1395nn or the physician self-referral/”Stark” law under 42 U.S.C. § 1395nn(g)(3)). Medicare fraud can be committed by healthcare professionals such as doctors, dentists, chiropractors, physical and occupational therapists, psychologists, psychiatrists, hospitals, clinics, nursing homes, assisted living facilities, HMO’s, medical equipment companies and home health care providers.
Penalties:
Under the Health Insurance Portability Act Health, 42 U.S.C. §1347, anyone who knowingly or willingly defrauds any healthcare benefit program faces a fine or imprisonment for not more than 10 years or both. If bodily injury results because of the fraud, imprisonment may be up to 20 years. If death results because of the fraud, the imprisonment may be any term of years or for life. For making false statements under the Social Security Act, 42 U.S.C. §1320a-7b(a) through (h), you face a fine of not more than $25,000 or imprisonment of not more than 5 years or both per offense.
Sample Case
Carolyn Ann Vasquez, age 46, of Los Angeles plead guilty on March 28, 2011, before U.S. District Judge Terry J. Hatter Jr. in the Central District of California to using fraudulent medical clinics and stolen physician identities to defraud Medicare of approximately $6,268,899 from 2007 to 2008. Ms. Vasquez instructed her co-conspirators to submit false claims to Medicare for reimbursement for services that were never performed by physicians and for power wheelchairs, medical equipment and diagnostic tests that the physicians did not order or prescribe. Vasquez admitted that she had instructed a physician assistant working at one of the fraudulent medical clinics to use clinic/physician prescription pads to write fraudulent prescriptions and order medical services for diagnostic tests, power wheelchairs and other medical equipment in a physician’s name who Vasquez knew did not work at the clinic. A sentencing hearing is scheduled for July 11, 2011. Vasquez could face a maximum 10 years in prison and a $250,000 fine.
The case was brought by the Medicare Fraud Strike Task Force, part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), which is a joint effort between the Department of Justice and HHS. The case is also being investigated by the FBI.
If you are arrested or accused of Medicare fraud, you should hire a California Medicare fraud attorney to defend you. The attorney may be able to raise the defenses of mistake, misunderstanding, that you are a victim and you may be able to testify against those who committed the fraud, or argue illegal evidence or violation of civil rights to get your case dismissed or charges reduced to a lesser offense and/or penalties.
Under California Penal Code Section 487, grand theft is defined as “the unlawful taking of another’s property” valued above $950. Property valued under $950.00 is considered a petty theft under Penal Code 484. California grand theft can be carried out by larceny (taking of another’s property) which occurs most often in shoplifting cases, embezzlement (unlawful taking of something entrusted to you), which occurs most often in an employment situation, tricking or deceiving someone to turn over their property without ownership rights or making false representations to defraud someone out of either the possession of their property or their ownership of the property. A California grand conviction theft carries up to three years in a California state prison. A petty theft conviction carries a fine up to $1,000 or up to six month’s jail time in a county jail or both.
Case Example:
Actress Lindsay Lohan was charged with felony grand theft on Wednesday February 9, 2011 for allegedly stealing a $2,500 necklace from a Venice jewelry store on January 22, 2011. Surveillance video at the jewelry store showed her wearing the necklace while at the store, and photos taken a week later show her wearing a similar necklace. The necklace was returned to a police station before investigators arrived to search her home in Venice, CA. If found guilty, should could face up to three years in state prison and in violation of her current probation terms. She was recently released from three months of mandatory rehab treatment because she had failed a drug test while on probation for her 2007 drug and alcohol DUI conviction.
Lohan plead not guilty to felony grand theft charges through her attorney Shawn Chapman Holley. Lohan claims the necklace was on loan to her. Judge Schwartz set bail at $40,000. He told Lohan that it appeared she had violated her 2007 DUI probation, and warned her that if she violated the law while out on bail, he would have her arrested and held. Judge Schwartz also ordered Lohan not to have any contact with the jewelry store that reported the missing necklace after someone had sent flowers to the store on behalf of Lohan. On March 10, 2011, Lohan turned down a plea agreement offered by Los Angeles prosecutors that would have meant a guaranteed jail sentence. She will return to court in April 2011 for a preliminary hearing.
If you have been arrested for a felony grand theft/shop lifting or petty theft in California, you should hire a California criminal defense attorney. A conviction is generally based upon the store’s video camera evidence. The attorney may be able to get the charges reduced to a misdemeanor petty theft, trespass, an infraction or get the case dismissed for lack of evidence or witnesses, or get you probation or community service.
Under California Penal Code Sections 518 to 527, the crime of extortion involves “obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right”. Threats do not need to be physical. Extortion is both a California criminal offense and a federal offense of blackmail under 18 U.S.C. Section 873 when it involves interstate commerce, the use of a computer, telephone or if threats occur on federal property. Extortion is generally charged as a felony. You may face fines not exceeding $10,000 and imprisonment up to four years for an extortion conviction.
Case Example
The Los Angeles County Sheriff’s department detectives have been investigating whether actor Mel Gibson was a victim of extortion and have presented their results to the Los Angeles District Attorney’s office on February 16, 2011. Officials have been investigating Gibson’s claims that his ex-girlfriend, Oksana Grigorieva, allegedly extorted $10 million from Gibson in exchange for not releasing some embarrassing voicemails of Gibson terrorizing her. There was also a report that Ms. Grigorieva may have texted Gibson about her intentions. Gibson and Grigorieva had been in a bitter child custody battle over their two-year-old daughter, which was settled in May 2010. Gibson and Grigorieva signed a child custody settlement agreement whereby Gibson gave her child support, a house and joint custody of their daughter Lucia in exchange for her not releasing the tapes. He claims she reneged on the deal when the tapes appeared on the Internet. After the tapes were released, he claimed she was involved in extortion against him. She has consistently denied any wrongdoing. The case is separate from the allegations she has claimed against Gibson for domestic violence. The District Attorney’s office has been reviewing the extortion case since August 2010, and no formal charges have been filed against Grigorieva.
If you are under suspicion for extortion or have been arrested for extortion in California, you should hire a California criminal defense attorney immediately to defend you. You cannot be convicted of extortion if property or money was given to you, and there were no threats or force or fear. The attorney can argue lack of sufficient evidence or misunderstanding to get the charges dismissed. The prosecutor would not be able to prove that you committed the crime beyond reasonable doubt without proof of fear and threats.
If you possess codeine without a valid prescription, or intend to sell or transport or move codeine, you are committing a codeine drug offense crime Under California Health and Safety Code Sections 11350, 11351 and 11352. It is also illegal to possess other controlled substances such as cocaine, opiates and opiate derivatives, heroin, peyote, gamma-hydroxybutyric acid (“GHB”) under California Health and Safety Code Section 11350. You face jail time and fines up to $20,000 if you are convicted of any codeine related drug offenses. If eligible, you may be able to participate in the California drug diversion program if you are charged with possession of codeine under Health and Safety Code Section 11350 or Health and Safety Code Section 11550, instead of serving time in a state prison. After successfully completing the program, you would qualify to have your drug charges dismissed.
It is also illegal and considered a misdemeanor crime if convicted for driving under the influence of codeine under Vehicle Code Section 23152a. Illegal immigrants, who are convicted of any California codeine offense, are subject to removal and deportation under U.S. Code 1227.
Penalties and Fines for Possession of Codeine Under Sections 11350 and 11550
If you are found guilty of violating California’s personal possession of codeine law under Code Section 11350, which includes possessing codeine without a valid prescription, possessing someone else’s codeine, or having codeine prescriptions which obtained from multiple California doctors without their knowledge above each prescription or possess more than the prescribed amount, you could receive 16 months to three years in the California state prison and a maximum fine of up to $20,000.
Under Section 11550 of the Health and Safety Code, if you are convicted of a misdemeanor for being under the influence of codeine or codeine mixed with another medication including Tylenol or cough syrup, you face possible jail time as well.
You may be eligible to participate in the California drug diversion program instead if you are convicted under Sections 11350 or 11550.
Penalties and Fines for Intending to Sell or Transport Codeine under Sections 11351 and 11352
If prosecutors prove you possessed or purchased codeine with the intent to sell it instead of your own personal use, this is considered a more serious crime under Section 11351, you face two to four years jail time in a California state prison and fines up to $20,000. Under Section 11352, transporting, selling or moving codeine is the most serious codeine crime. If convicted, you face three to five years jail time in a California state prison and fines up to $20,000. You are not eligible for the drug diversion program for convictions under Sections 11351 or 11352.
Case Example:
A Hanford police investigation, with the help of an undercover law enforcement agent disguised as a high school student, resulted in the arrests of 10 high school students ages 6 to 18 on Wednesday January 12, 2011. Charges against students range from for possession of a controlled substance for sale, conspiracy, accessory to a crime and, for some, membership in a street gang. Nine students were arrested on the Hanford West High School Campus, and one student was arrested at Hanford High campus. Police Chief Carlos Mestas of the Hanford Police Department said the use of the undercover police officer, who registered in November as a 16 year old high school student and starting attending classes at the high school, helped solve a big obstacle for police, which is getting juveniles to talk to adults about who is dealing drugs. The investigation resulted from complaints by parents and school officials in October 2010 of high school students selling drugs to other students. The undercover officer bought drugs 13 times from 10 people on and off campus, including drugs such as marijuana, Ecstasy, Vicodin, methamphetamine, codeine and other prescription drugs. According to Chief Mestas, prescription drug use by juveniles is a growing problem. He urged parents to check their prescription drug bottles for pilfering. He believes that their recent police bust is a good deterrent for students to stop selling and using drugs on campus.
If you have been charged with a California codeine drug related offense, you should contact a California criminal defense attorney immediately to defend you. The attorney may be able to get your charges reduced or dismissed by raising defenses such as mistaken identity because the codeine belonged to another person, illegal search and seizure by police or other illegal police conduct at the time of the arrest. The attorney may be able to get your into a drug diversion program under Proposition 36 or other alternative California sentencing programs or you get you probation.
Under California Penal Code Sections 470 through 483.5, any person who intends to default someone by creating a new document and signing their name which may include falsifying any record, publishing or passing it off as a true and genuine check, bond, bank bill, cashier’s check, traveler’s check, money order, note, raft, or controller’s warrant for payment of money or accepting goods is guilty of the crime of forgery in California.
California Penal Code Section 477 defines counterfeiting as making an imitation of something that is not authorized including gold or silver coins, gold dust, gold or silver bullion or bars, lumps, pieces, or nuggets, and selling, passing, giving someone payment for the counterfeit item with the intention of defrauding another person and knowing the item is counterfeit, is guilty of counterfeiting in California.
Penalties and Fines
Forgery in California is punishable by imprisonment in county jail or state prison for up to one year. If the forgery involves the willful and knowingly use of a telephone or telegraph the fine is up to $10,000.
Counterfeiting in California is punishable by imprisonment in the state prison for two to four years. This includes crimes of making or knowingly having in your possession a die, plate or any other machine that is used in counterfeiting gold or silver bars, coins, pieces, nuggets or counterfeiting bank notes or bills. All such apparatus must be destroyed. Counterfeiting, forging or altering a ticket, coupon, check or passing or publishing the item in circulation is subject to a fine up to $1,000.
Case Example
Los Angeles Police Department and investigators from private industries led to the seizure by LAPD of $4.06 million in counterfeit goods ranging from music CD’s and DVD’s of brand new released movies as well as purses, jerseys, sunglasses and other knock off goods. The raids started last month and ended Monday December 20, 2010. The merchandise was seized from downtown vendors and flea markets along Santee Alley, which is a favorite spot for counterfeiters to sell their goods. Authorities stated that criminal gangs were involved in the piracy activity. This was the latest in arrests by LAPD’s antipiracy team which has seized $93.8 million in illegal goods since the start of the team in 2004. Investigators estimate that counterfeit goods cost local businesses $5.2 billion in lost revenues annually and $4.4 billion in lost wages annually.
Committing forgery or fraud in California is serious. You should hire a California criminal defense attorney to represent you. The attorney will review the evidence and interview police and witnesses to see if there is enough evidence in which to convict you. The attorney will assist with getting your chargers reduced or dismissed for insufficient evidence or illegal search and seizure.
California Penal Code Sections 548-551 make it a crime for anyone to willfully injure, destroy, secrete, abandon, or dispose of property insured against loss, damage from theft, embezzlement or casualty (excluding fire, which is not included under the definition of casualty in this regard) with the sole intent to defraud the insurer, whether the property belongs to you or another person. You can be charged with a misdemeanor or a felony depending on the circumstances of the insurance fraud crime and the amount of money involved.
It is illegal to aid, abet, solicit or conspire with anyone to commit the following acts which constitute insurance fraud under California Penal Code Sections 548-551:
· Knowingly presenting a false or fraudulent insurance claim for payment for
loss of injury.
· Knowingly presenting multiple claims for the same loss or injury to more
than one insurance company with the intent to defraud them.
· Knowingly participate in a vehicular accident with the intent to present a false claim.
· Knowingly present a false or fraudulent claim for payments for loss
for theft, destruction, damage or conversion of any vehicle or vehicle part or the contents of a motor vehicle.
· Knowingly make a false or fraudulent claim for a health care benefit or
payment including worker’s compensation health benefits.
· Knowingly presenting any false or misleading statements to an insurance
company or to fail to disclose an occurrence or event
· Intentionally burning property (act of arson) to collect an insurance payment
or assist the owner of the property to collect a payment from their insurance company.
If found guilty of any of these offenses and the claim amount is more than $950.00, you face imprisonment in the county jail not to exceed one year and a fine not extending $10,000, or imprisonment in the state prison for two to five years and a fine not to exceed $50,000 fine, or double the amount of the fraud, whichever is greater. For a claim amount under $950.00, you face imprison in the county jail not to exceed six months and a fine of $1,000. You may also have to pay restitution in an amount determined by the court for medical evaluations or treatment services. If you have been previously convicted under the California insurance statute of insurance fraud, you will not be eligible for probation or a suspended sentence. You may receive an enhanced sentence ranging from two years to five years sentence for each prior conviction. A subsequent conviction is punishable by imprisonment in a California state prison and a fine of $50,000. Fines are doubled if the fraud involves an automobile claim.
Case Example:
Jeweler Lior Bitton, 36 of Los Angeles, owner of Pacific Diamonds and Gems jewelry store located in Westminster, CA was arrested for fraudulently collecting over $99,000 from his insurance company after filing a false claim to his insurance company reporting that a 4.21 carat diamond had been stolen when one of his employees had been robbed of 20 diamonds. Meanwhile, in September of 2009, Bitton had registered the same diamond with the GIA (Gemological Institute of America). The unique properties of the diamond act as a fingerprint in which to identify the stone. In March 2010, Bitton went to Israel and met with a diamond wholesaler. The wholesaler presented the diamond to the GIA. The GIA identified the diamond as the same diamond that Bitton had registered with them previously. He was arrested by Westminster Police and charged with one felony count of insurance fraud. He faces a maximum five year prison sentence in state prison if convicted. The Westminster police recovered the diamond and have it in their custody.
If you are charged with insurance fraud in California and you are convicted, you would not be able to obtain insurance in the future or you may not be able to find employment. It is recommended you hire an experienced California criminal defense attorney to defend you. The attorney will review all the evidence to make sure that the prosecutors have a case against you. The attorney may be able to get you a reduced sentence and penalties or get the charges dismissed based on lack of evidence or other defenses such as you were unaware of the fraudulent activity of another person.
