Massive fraud scheme in the Southern District

Massive fraud scheme in the Southern District of Texas involving life insurance

http://www.justice.gov/usao/txs/1News/Releases/2014%20March/140306%20-%20Gipson.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Insurance Fraud in the Southern District

Insurance fraud involving a chiropractic clinic in the Southern District of Texas

http://www.justice.gov/usao/txs/1News/Releases/2013%20April/130429%20-%20Young.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Texas State Sentencing VIII

OK - we saw that the punishment for a 3rd degree felony (in this case, insurance fraud) carries a punishment range of 2-10 years.  What are some of the factors that are included in determining a sentence when the range of punishment is so vast?

   Some of the factors include:

1.  Will the judge or jury be electing punishment?  This is a judgment call by the attorney.  Sometimes it is better to take sentencing to the jury, sometimes to the judge;
2.  Does the defendant have any criminal history and, if so, to what extent?
3.  Are there any witnesses that can testify for the defendant regarding character (not always allowed);
4. Is the defendant eligible for probation?

   These are some of the factors that must be considered.  Note the diffrence between these factors and the exactness of the Federal system.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Texas State Sentencing VII

OK, let's begin our discussion.

    Let's assume for the sake of this discussion that the person has been accused of, tried, and found guilty of insurance fraud and the claim is that the money defrauded was over $20,000 but less than $100,000.  According to the Penal Code of the State of Texas, this would mean that the individual was found guilty of a third degree felony (see previous posts).

    This would also mean, that all other factors aside, the person has a punishment range that is open to him of 2 years to 10 years in jail and a $10,000.00 fine (once again, see previous posts).  This is quite a large range of time for punishment.  Two years is rough, but it is small compared to 10 years. 

    The first item that stands out, therefore, in examining the difference between Federal sentencing and Texas State sentencing is right from the very beginning, the Federal sentencing guidelines are much more precise.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Texas State Sentencing VI

OK - we have seen the punishment range for the crime of insurance fraud in Texas.

     The penalty range is what is known as a "sliding scale."  The more money that is stolen, the greater the range of punishment for the crime.  This type of punishment range (sliding scale) is not unusual for theft/fraud type of cases.  The greater the amount of money that is stolen, the harsher the penalty range.  Obviously, the penalty range for a small amount of fraud (for example, under $50) will be much less than that for stealing $100,000.00.

     So, the first step for Texas crimes in terms of sentencing is to see if their is a "sliding scale" for punishment based on the amount of money stolen.  In the case of insurance fraud, a sliding scale is in effect so to determine the punishment range for the crime, the amount of money stolen must be computed.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Texas State Sentencing V

Before we proceed, I just realized that I need to discuss the felony and misdemeanor categorizations under Texas law.

A class 'C' misdemenor is punishable by up to a $500 fine
A class 'B' misdemeanor is punishable by up to 6 months in jail and/or a $2000 fine
A class 'A' misdemeanor is punishable by up to 1 year in jail and/or a $4000 fine
A state jail felony is punishable by up to 6 months to 2 years in jail and/or a $10,000 fine
A 3rd degree felony is punishable by up to 2 to 10 years in jail and/or a $10,000 fine
A 2nd degree felony is punishable by up to 2-20 years in jail and/or a $10,000 fine
A 1st degree felony is punishable by life or 5-99 years in jail and/or a $10,000 fine.

More discussion tommorrow.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Texas State Sentencing IV

Concluding with the Texas Penal Code Section 35.02

(c) An offense under Subsection (a) or (b) is:

1.  A class C misdemeanor if the value of the claim is less than $50
2.  A class B misdemeanor if the value of the claim is more than $50 but less than $500
3.  A class A misdemeanor if the value of the claim is more than $500 but less than $1500
4.  A state jail felony if the value of the claim is more than $1500 but less than $20,000
5.  A felony of the third degree if the value of the claim is more than $20,000 but less than $100,000
6.  A felony o fhte second degree if the value of the claim is more than $100,000 but less than $200,000
7.  A felony of the first degree if the value of the claim is $200,000 or more or (a) an act committed in connection with the offense places a person at risk of death or serious bodily injury.

   So - there is a WIDE variety of punishment based on the amount of the insurance fraud.  We will discuss more tommorrow

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Texas State Sentencing III

Continuing with Texas Penal Code Section 35.02

35.02(b)

A person commits the offense if, with intent to defraud or deceive an insurer, the person solicits, offers, pays or receives  a benefit in connection with the furnishing of goods or services for which a claim for payment is submitted under an insurance policy.

35.02(c) discusses punishment and we will examine this tommorrow.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Texas State Sentencing II

We are talking about the definition of "Insurance Fraud" as per the laws of the State of Texas.

     Chapter 35.02 of the Texas Penal Code states:

      "A person commits an offense if, with intent to defraud or deceive an insurer, the person, in support of a claim for payment under an insurance policy:

1.  Prepares or causes to be prepared a statement that:

(A) the person knows contains a false or misleading material information

(B) is presented to an insurer or

(2)  presents or causes to be presented to an insurer a statement that the person knows contains false or misleading material information.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Texas State Sentencing I

OK - as promised, we will spend the next few blogpost talking about criminal sentencing in the State of Texas.  I am only licensed in the state of Texas to practice law (besides Federal practice) so I can only comment on Texas state law.  The standard disclaimer I always give is to consult with an attorney in your own state if you have any questions regarding the law in that state.

      Let's start with a crime for which our hypothetical person may be convicted in Texas.  Since this blog discusses fraud and white collar crime, we of course will limit it to this field. 

     As we begin to discuss white collar crime in Texas, however, keep in mind that we will see that the sentencing guidelines are far more flexible than the Federal sentencing guidelines we discussed earlier.  One of the few advantages of a Federal crime is that an attorney has the ability to tell a client more specifically what they are facing.

   Chapter 35 of the Texas Penal Code discusses insurance fraud.  Therefore, let's examine the crime of insurance fraud. 

   The definition of insurance fraud is somewhat lengthy, so we will discuss this tommorrow. 

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Interludes 8 - Disaster Relief Fraud

A man in Conroe, Texas, is charged with fraud relating to disaster relief programs.


http://www.justice.gov/usao/txs/1News/Releases/2012%20May/120507%20Dinkins.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

Have a great and fraud-free day.

http://www.tauskvega.com

----------à>>>>>>>>>>>>>>>gene tausk

Interludes 7 - Insurance Fraud

Insurance fraud in the Southern District of Texas

http://www.justice.gov/usao/txs/1News/Releases/2011%20June/110617%20Alcala%20et%20al.htm

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

Have a great and fraud-free day.

http://www.tauskvega.com

----------à>>>>>>>>>>>>>>>gene tausk