Insurance Fraud Defense Attorney Jake Gunter (801) 373-6345
Utah Insurance fraud charges are serious felonies and are rigorously investigated. Having an effective insurance fraud defense attorney on your side can make all the difference.
Insurance fraud cases are paper heavy and organizational deep. Discovery is generally far greater than your usual DUI. Having an attorney backed by a staff capable of pursuing your case matters.
If you receive a call from the Utah Department of Insurance regarding an insurance matter, it is best to refer them to your attorney.
The Utah Insurance Department has several investigators whose job it is to work with the Utah Attorney General to prosecute insurance fraud claims.
You can read more about the Utah Insurance Department here: https://insurance.utah.gov/about-us/directory/fraud-staff
Class B. If the money value of the goods or services fraudulently taken are greater than $500, it is a Class B Misdemeanor. That can equal up to 6 months in the country jail. Prison time is not possible.
Class A. If the money value of the goods or services fraudulently taken are between $500 and $1,499, it is a Class A Misdemeanor. That can equal up to 1 year in the county jail. Prison time is not possible.
3rd Degree Felony. If the money value of the goods or services fraudulently taken are between $1,500 and $4,999, it is a 3rd Degree Felony. This can be 0-5 years in the Utah State Prison, jail, probation, or a combination thereof.
2nd Degree Felony. If the money value of the goods or services fraudulently taken are over $5,000 plus, it is a 2nd Degree Felony. This can be 0-15 years in the Utah State Prison, jail, probation, or a combination thereof.
Class B. 4-year waiting period.
Class A. 5-year waiting period.
Any Fraud Felony. 7-year waiting period.
You can never expunge your Utah insurance fraud conviction if you fail to pay off all court-ordered restitution. You can never expunge any Utah conviction if you don’t successfully complete all terms of your probation.
1. Are they in court a lot? That means they are sought after and effective insurance fraud defense attorneys.
2. Do you trust them?
3. Do they have a team behind them helping defend your case? Solo practitioners are typically not the best way to defend complex insurance fraud charges.
4. Do you hire the main guy/gal, or are they just going to send out their low-level associates to handle important aspects of your case? When you hire attorney Jake Gunter, he handles all important aspects of your case; not his associate lawyers.
5. Does the insurance fraud defense lawyer have years of experience under their belts with many jury trials? Does the attorney have 1,000 plus court appearances, hundreds of bench trials, and evidentiary hearings? When it comes to defending a case in front of a jury, experience really matters.
Car Fires. Setting your own car on fire to collect insurance proceeds or to get out of your loan.
Fake Car Stealing. Having someone steal your car to collect insurance proceeds.
False Insurance Claims and Backdating. This is when damage already happened and you are now claiming it on the current accident. Or you got in a wreck and didn’t have insurance and tried to backdate the accident to when you had insurance.
House or Car Fire/Theft. Claiming stuff that was stolen or damaged in a fire that was made up.
Submitting False Insurance Claims. False insurance claims to collect more money.
Faking Car Accident Injuries. Faking neck or back injuries from a car accident to collect more money.
Mortgage Or Bank Loan Fraud. Materially lying on loan applications to obtain a higher loan.
Bank Fraud.
State Welfare Fraud.
Health Care Insurance Fraud For Increased Benefits.
Social Security Fraud.
Fraud Facts
Did You Know?
Prosecution of insurance fraudsters by the Utah Insurance Fraud Division has increased dramatically in the last 5 years.
Arrests are up 159%
Felony charges have increased by 377%
Restitution to victims has skyrocketed by 704%
Statistics last updated by the Utah Insurance Department in 2017.
Utah laws relating to insurance fraud criminal charges
76-6-521. Fraudulent insurance act.
(1) A person commits a fraudulent insurance act if that person with intent to defraud:
(a) presents or causes to be presented any oral or written statement or representation knowing that the statement or representation contains false or fraudulent information concerning any fact material to an application for the issuance or renewal of an insurance policy, certificate, or contract, as part of or in support of:
(i) obtaining an insurance policy, the insurer would otherwise not issue on the basis of underwriting criteria applicable to the person;
(ii) a scheme or artifice to avoid paying the premium that an insurer charges on the basis of underwriting criteria applicable to the person; or
(iii) a scheme or artifice to file an insurance claim for a loss that has already occurred;
(b) presents, or causes to be presented, any oral or written statement or representation:
(i)
(A) as part of or in support of a claim for payment or other benefit pursuant to an insurance policy, certificate, or contract; or
(B) in connection with any civil claim asserted for recovery of damages for personal or bodily injuries or property damage; and
(ii) knowing that the statement or representation contains false, incomplete, or fraudulent information concerning any fact or thing material to the claim;
(c) knowingly accepts a benefit from proceeds derived from a fraudulent insurance act;
(d) intentionally, knowingly, or recklessly devises a scheme or artifice to obtain fees for professional services, or anything of value by means of false or fraudulent pretenses, representations, promises, or material omissions;
(e) knowingly employs, uses, or acts as a runner, as defined in Section 31A-31-102, for the purpose of committing a fraudulent insurance act;
(f) knowingly assists, abets, solicits, or conspires with another to commit a fraudulent insurance act;
(g) knowingly supplies false or fraudulent material information in any document or statement required by the Department of Insurance; or
(h) knowingly fails to forward a premium to an insurer in violation of Section 31A-23a-411.1.
(2)
(a) A violation of Subsection (1)(a) (i) is a class A misdemeanor.
(b) A violation of Subsections (1)(a)(ii) or (1)(b) through (1) (h) is punishable as in the manner prescribed by Section 76-10-1801 for communication fraud for property of like value.
(c) A violation of Subsection (1)(a)(iii):
(i) is a class A misdemeanor if the value of the loss is less than $1,500 or unable to be determined; or
(ii) if the value of the loss is $1,500 or more, is punishable as in the manner prescribed by Section 76-10-1801 for communication fraud for property of like value.
(3) A corporation or association is guilty of the offense of insurance fraud under the same conditions as those set forth in Section 76-2-204.
(4) The determination of the degree of any offense under Subsections (1)(a)(ii) and (1)(b) through (1)(h) shall be measured by the total value of all property, money, or other things obtained or sought to be obtained by the fraudulent insurance act or acts described in Subsections (1)(a)(ii) and (1)(b) through (1)(h).
Amended by Chapter 193, 2019 General Session
76-10-1801. Communications fraud — Elements — Penalties
(1) Any person who has devised any scheme or artifice to defraud another or to obtain from another money, property, or anything of value by means of false or fraudulent pretenses, representations, promises, or material omissions, and who communicates directly or indirectly with any person by any means for the purpose of executing or concealing the scheme or artifice is guilty of:
(a) a class B misdemeanor when the value of the property, money, or thing obtained or sought to be obtained is less than $500;
(b) a class A misdemeanor when the value of the property, money, or thing obtained or sought to be obtained is or exceeds $500 but is less than $1,500;
(c) a third-degree felony when the value of the property, money, or thing obtained or sought to be obtained is or exceeds $1,500 but is less than $5,000;
(d) a second-degree felony when the value of the property, money, or thing obtained or sought to be obtained is or exceeds $5,000; and
(e) a second-degree felony when the object or purpose of the scheme or artifice to defraud is the obtaining of sensitive personal identifying information, regardless of the value.
(2) The determination of the degree of any offense under Subsection (1) shall be measured by the total value of all property, money, or things obtained or sought to be obtained by the scheme or artifice described in Subsection (1) except as provided in Subsection (1)(e).
(3) Reliance on the part of any person is not a necessary element of the offense described in Subsection (1).
(4) An intent on the part of the perpetrator of any offense described in Subsection (1) to permanently deprive any person of property, money, or thing of value is not a necessary element of the offense.
(5) Each separate communication made for the purpose of executing or concealing a scheme or artifice described in Subsection (1) is a separate act and offense of communication fraud.
(6)
(a) To communicate as described in Subsection (1) means to:
(i) bestow, convey, make known, recount, or impart;
(ii) given by way of information;
(iii) talk over; or
(iv) transmit information.
(b) Means of communication include use of the mail, telephone, telegraph, radio, television, newspaper, computer, and spoken and written communication.
(7) A person may not be convicted under this section unless the pretenses, representations, promises, or material omissions made or omitted were made or omitted intentionally, knowingly, or with a reckless disregard for the truth.
(8) As used in this section, “sensitive personal identifying information” means information regarding an individual’s:
(a) Social Security number;
(b) driver’s license number or other government issued identification number;
(c) financial account number or credit or debit card number;
(d) password or personal identification number or other identification required to gain access to a financial account or a secure website;
(e) automated or electronic signature;
(f) unique biometric data; or
(g) any other information that can be used to gain access to an individual’s financial accounts or to obtain goods or services.
Amended by Chapter 193, 2010 General Session
