William G. Yarborough

What is insurance fraud, and could you be guilty of it?

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There are many kinds of fraud and they are classified as a white collar crime.

One example of this sort of criminal activity is insurance fraud, which is on the rise in South Carolina. What exactly is insurance fraud? Could a judge find you guilty of such a crime?

Insurance fraud defined

Insurance fraud refers to the misrepresentation or false statement on an insurance claim. It could be a sophisticated system of submitting false medical claims to a health care insurer such as Medicare. On the other hand, it could involve the padding of an insurance claim by just one person almost as a gesture in retaliation for premiums paid throughout the years when there was never a claim. In addition to health care insurance, people may pad claims for disability, auto and life insurance, among others. Some people are tolerant of the padding practice believing that it is hurting no one. However, the law does not regard fraud as a victimless crime. It affects the premiums everybody pays for insurance coverage.

Reporting fraud in South Carolina

If you are under investigation for insurance fraud, you may wonder how you became a target. Here in South Carolina, one possibility is the Insurance Fraud Hotline. The state has established a mandatory reporting act, which, in part states that anyone who believes that someone else has made a misrepresentation or false statement on an insurance claim must notify the Insurance Fraud Division of the Office of the Attorney General. The reporting act resulted from the steady rise in insurance fraud: In 2018, the Attorney General received 2,957 complaints that required the appropriate personnel to follow up.

Being proactive

An investigation into suspected fraudulent activity usually takes a considerable amount of time, and if you are the suspect, you may not have any idea it is underway. If a charge of insurance fraud is eventually filed against you, explore your legal options without delay. You want to seek protection of your rights so that if you go before a judge, you have a chance for the best outcome possible for your case.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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