If you or someone you love has been charged or is about to be charged with committing fraud in Massachusetts, it is important that you hire an experienced Criminal Fraud Defense Lawyer immediately.
Criminal fraud includes embezzlement, forgery, insurance fraud, bank fraud, credit card fraud, identity fraud and internet fraud. An experienced and dedicated lawyer will fight to defend your freedom and your future.What Constitutes Making A Fraudulent Insurance Claim?
Massachusetts General Laws Chapter 266 Section 111A is the statute that regulates insurance fraud in this state. In short, in order to prove this case the Commonwealth must prove beyond a reasonable doubt that the defendant did the following:
- That the defendant presented to an insurance company a notice [statement of loss or other written document] in connection with or in support of an insurance claim’
- The statement had a false claim;
- The defendant had knowledge of the false claim;
- The defendant intended to injure defraud or deceive the insurance company.
Massachusetts General Laws Chapter 266 Section 111B covers misrepresentations made relative to motor vehicle theft and Section 11A relates to fraudulent claims for ALL types of insurance.What is Identify Fraud By Posing As Another Person?
Massachusetts General Laws Chapter 266 Section 37 E (b) is the applicable statute for this offense.
In order for the Commonwealth to get a conviction for this offense it must prove the following beyond a reasonable doubt:
- The defendant posed as someone else;
- The defendant posed as someone else without the person’s express permission;
- The defendant used this person’s identifying information to obtain or attempt to obtain goods or services;
- The defendant engaged in this conduct with the intent to defraud.
This is a specific intent crime.What Is Identify Fraud By Obtaining Personal Information?
This crime is governed by Massachusetts General Laws Chapter 266 Section 37C.
The Commonwealth must prove the following three elements to convict a defendant of this crime:
- The defendant obtained personal information of somebody else with the intent to pose at that person;
- The defendant did this without the permission of the person;
- The defendant engaged in this conduct with the intent to obtain the goods and/or services and or to harass another person.
As with the previous crime a defendant must have a specific intent to commit this offense.
If you have been accused or think you may be charged with fraud, do not speak with anyone about it, no matter how strongly you may feel about your innocence or the involvement of other people. It is entirely possible that an investigation by law enforcement agencies, including the FBI, the IRS, Federal Trade Commission or state and local law enforcement agencies has already started without your even knowing it. Your neighbors, co-workers or employees may have been questioned or asked to produce documents. You must hire an experienced Fraud Lawyer immediately. The faster a lawyer is involved, the more legal protection you will have.
The first step towards building your defense is conducting a thorough investigation. Massachusetts Fraud Defense Lawyer The attorney will investigate all allegations and determine the most effective strategy for your defense. The attorney will negotiate to get charges against you dismissed, fight to have charges reduced or start preparing for court. As a former Assistant District Attorney, The attorney is a relentless advocate. She will be thoroughly and completely prepared and will use every possible means of defending you to protect your freedom.