
An agent who commits an insurance crime can face severe consequences, including fines, penalties, and even imprisonment. This is a serious matter that can damage the agent's reputation and livelihood.
The consequences of committing an insurance crime can be severe, with fines ranging from $5,000 to $100,000 or more. In some cases, the agent may also be required to pay restitution to the victims of the crime.
Agents who commit insurance crimes often act alone, but in some cases, they may be part of a larger scheme involving multiple individuals or organizations. This can make it more difficult to detect and prosecute the crime.
The consequences of committing an insurance crime can be long-lasting, affecting the agent's ability to work in the industry for years to come.
Types of Insurance Crimes
There are several types of insurance crimes that can be committed by an agent, including knowingly providing false information, which is a form of lying about a cause of loss.

One of the most common types of insurance crimes is auto insurance fraud, which can include staging accidents or inflating the cost of repairs.
Crime and fraud are major issues in the insurance industry, with various types of insurance fraud being committed, including healthcare fraud and workers compensation fraud.
Insurers have created a national fraud academy to help combat these crimes and use technology to detect and prevent them.
Here are some examples of insurance crimes:
- Auto insurance fraud
- Healthcare fraud
- Workers compensation fraud
- Catastrophe-related property fraud
Insurers also use state and federal antifraud legislation to prevent these crimes, including laws that make knowingly providing false information a crime.
Detection and Investigation
Special Investigation Unit (SIU) investigators play a crucial role in detecting insurance crimes.
They work alongside antifraud claims databases and bureaus, which help identify potential fraud by cross-checking new claims against existing records.
Antifraud claims databases contain a wealth of information on prior claims, including the nature of the loss and mechanisms of injuries.
This information can be used to deny or reduce questionable claims.
Antifraud bureaus collaborate with Special Investigation Units, regulatory agencies, and law enforcement to detect and investigate fraud.
They share resources and expertise to bring perpetrators to justice.
Insurance companies, law enforcement, and special fraud investigators use data analytics techniques like data mining and machine learning to detect fraud.
These techniques help identify patterns and anomalies in data that may indicate fraudulent activity.
Data is pulled from various sources to analyze for a fraud investigation.
Here are some common methods used to detect and investigate insurance crimes:
- Special Investigation Unit (SIU) investigators
- Antifraud Claims Databases & Bureau's
- Claimant Behavior
- Social Media
- Analytics & Data
Consequences and Penalties
Committing an insurance crime can have serious consequences for the agent involved. Fines can range from $5,000 to $50,000, depending on the severity of the offense.
Agents who engage in insurance crimes may also face imprisonment, with sentences ranging from a few months to several years. For example, an agent who was convicted of forgery and theft was sentenced to 18 months in prison.
In addition to fines and imprisonment, agents may also face professional consequences, including the loss of their insurance license. This can have long-term effects on their career and reputation.
The Cost of

Insurance fraud hurts more than just the insurance company and the person committing the fraud. It can lead to multiple felony charges, restitution, and jail time.
Fraudsters may face fines and have to pay back all the money they fraudulently obtained. This can be a heavy burden.
In North Carolina, individuals like John Smith, 27, of Fayetteville, have been charged with insurance fraud, a felony. He filed a claim with Progressive Premier Insurance for damage to his vehicle and another man's vehicle, claiming it occurred after he took out the policy when it actually happened before.
The costs of insurance fraud are passed on to society through increased premiums. This means that honest policyholders end up paying more for their insurance.
James Robert, 42, of Hickory, was charged with insurance fraud, a felony, for providing a fake repair estimate from a non-existent business to support an automobile insurance policy claim with Geico.

Individuals like Jane Green, 31, of Carrboro, who attempt to obtain property by false pretense, can face serious consequences. She was charged with insurance fraud and attempting to obtain property by false pretense, both felonies, for filing a fraudulent renters' policy claim for damage to a MacBook Pro laptop that she did not possess.
The consequences of insurance fraud can be severe and long-lasting.
Section 33-41-12. Penalties, Injunctions, Disqualification, and Restitution
In South Carolina, violating the laws governing public records can result in significant penalties.
A person who is found guilty of willfully and knowingly violating these laws can be fined up to $1,000.
The court may also order the person to pay restitution to the affected party.
In some cases, the court may issue an injunction to prevent further violations of the law.
A person found guilty of violating these laws can also be disqualified from holding public office or from participating in certain government contracts.
The penalties for violating these laws can be severe, so it's essential to understand the rules and regulations that govern public records.
What is the Cost?
The cost of insurance fraud is staggering, with estimates ranging from $18 to $308.6 billion annually.
Businesses are forced to pass on these increased costs to consumers in the form of higher premiums. This means that prices of goods at your local department or grocery store keep rising as businesses absorb the costs of their health and commercial insurance.
The Coalition Against Insurance Fraud estimates that insurance fraud costs Americans at least $308.6 billion a year. This number is likely an underestimate, as much of the fraud goes undetected.
Here's a breakdown of the estimated annual costs of insurance fraud:
- $308.6 billion (Coalition Against Insurance Fraud) — all lines of insurance
- $18-$20 billion (National Insurance Crime Bureau) — only property and casualty fraud
- $100 billion (U.S. Government Accounting Office) — only fraud and abuse in Medicare and Medicaid
Law Enforcement and Regulation
In many states, insurance fraud is classified as a crime, and agents who commit such crimes can face serious consequences. This includes Alabama, Alaska, Arizona, Arkansas, California, and Colorado, where insurance fraud is classified as a crime.
The laws and regulations surrounding insurance fraud vary by state, but most have established fraud bureaus or units to investigate and prosecute such crimes. For example, in Florida, the state has a dedicated fraud bureau, and in Massachusetts, the state police office has a fraud bureau. In some states, such as Oregon, fraud can be reported to the Bureau of Insurance office of Fraud and Abuse.
Some states have specific requirements for insurance companies to have a mandatory insurer fraud plan in place. For instance, in California, Colorado, and New York, insurance companies are required to have a mandatory insurer fraud plan. Additionally, some states require mandatory auto photo inspection, such as in Florida and New Jersey.
Here is a list of some states with specific requirements and features related to insurance fraud:
Direct Complaint to Magistrate
In West Virginia, fraud investigators can present complaints directly to a magistrate after review and approval by the prosecuting attorney. This is a special provision that allows investigators to bypass the normal process of filing a complaint with the police department.
The complaint must be in the form of a written statement of the essential facts constituting the offense charged. This written statement is crucial in determining whether a warrant for the defendant's arrest should be issued.
To qualify for a direct complaint, the offense must be related to the business of insurance and may be prosecuted under specific chapters of the code. This includes chapter twenty-three of this code, article three, chapter sixty-one of this code, or section five, article four of said chapter.
If the complaint shows probable cause that an offense has been committed and the defendant is responsible, a warrant for the defendant's arrest will be issued to any officer authorized to make arrests.
Other Law Enforcement/Regulatory Authority
Other law enforcement and regulatory agencies have their authority preempted by this section, specifically in regards to investigating and prosecuting suspected law violations.
The insurance fraud unit has exclusive authority to investigate and prosecute suspected insurance fraud, preempting the authority of other law enforcement and regulatory agencies.
A person is prohibited from disclosing voluntary information concerning insurance fraud to a law enforcement or regulatory agency other than the insurance fraud unit.
This means that if you suspect insurance fraud, you must report it to the insurance fraud unit, not to the police or other regulatory agencies.
The powers granted to the commissioner and their agents to investigate and examine possible law violations are not limited by this section.
Insurance Industry Response
The insurance industry has taken notice of the agent's crime, and it's not just a matter of shaking heads and moving on. Many insurance companies are reviewing their internal controls to prevent similar incidents in the future.
The agent's actions were made possible by a lack of oversight, which allowed them to commit the crime undetected for an extended period. This highlights the importance of regular audits and monitoring.
Insurance companies are also re-examining their hiring practices to ensure they're not bringing in unscrupulous agents who might take advantage of their customers. The agent in question had a clean record at the time of hiring, but their behavior changed over time.
Regulatory bodies are also getting involved, as they did in the case of the agent who was caught embezzling funds from a policyholder. The agent's actions were reported to the authorities and they are now facing serious consequences.
The industry is also looking at ways to improve communication with policyholders, so they're aware of the risks and can take steps to protect themselves. This includes providing clear information about the agent's role and responsibilities.
State Laws and Regulations
State laws and regulations play a crucial role in addressing insurance crimes. In some states, law-enforcement or regulatory agencies may be preempted from investigating suspected violations of law.

The law also prohibits individuals from disclosing information concerning insurance fraud to agencies other than the insurance fraud unit. This means that if you suspect an insurance crime, you may not be able to report it to your local police department.
The insurance commissioner or their agents have the power to investigate and examine possible violations of law, but their authority may be limited by state laws. This can make it difficult to hold insurance agents accountable for their actions.
Industry-Specific Crimes
Auto insurance fraud is a significant problem, with insurers losing at least $29 billion a year due to premium leakage. This occurs when policyholders omit or misstate underwriting information, leading to inaccurate rates.
Unrecognized drivers are a major contributor, accounting for $10.3 billion in losses, while underestimated mileage costs insurers another $5.4 billion. Violations and accidents also drive up costs, totaling $3.4 billion.
No-fault auto insurance systems, which allow policyholders to recover losses from their own insurance company, can be exploited by unscrupulous medical providers and attorneys who pad costs associated with legitimate claims.
Healthcare

Healthcare fraud is a significant problem in the United States, with estimated financial losses ranging from $68 billion to $300 billion. This type of fraud affects all types of property/casualty insurance coverage that include a medical care component.
The National Health Care Anti-Fraud Association estimates that healthcare fraud costs the system between $68 billion and $300 billion annually. Doctors, hospitals, nursing homes, diagnostic facilities, medical equipment suppliers, and attorneys have been involved in scams to defraud the system.
Common types of healthcare fraud include providers billing for services not rendered, upcoding services and medical items, and filing duplicate claims. These activities defraud insurers by making false claims.
The Affordable Care Act of 2010 included fraud-fighting efforts, such as allowing the U.S. Department of Health and Human Services to exclude providers who lie on their applications from enrolling in Medicare and Medicaid. In the same year, federal lawmakers enacted The Improper Payments Elimination and Recovery Act.
Here are some federal-level efforts against healthcare fraud:
- Implementing an Automated Provider Screening system to review enrollment applications;
- Allowing HHS to impose a temporary moratorium on newly enrolled providers or suppliers, as necessary, to combat fraud;
- Authorizing the Centers for Medicare and Medicaid Services, in conjunction with the Office of the Inspector General, to suspend payments to providers or suppliers during the investigation of a credible allegation of fraud;
- Ensuring that providers and suppliers found guilty of fraud in one of the Centers’ systems, such as Medicare, cannot have service privileges in another area, such as Medicaid, or within state programs.
Medical identity theft is also a concern, with criminals stealing victims' names, health insurance numbers, and other personal data.
Auto Insurance
Auto insurance is a common target for scammers, with auto insurers losing at least $29 billion a year to premium leakage.
This type of loss occurs when there's omitted or misstated underwriting information that leads to inaccurate rates. Unrecognized drivers, for example, account for $10.3 billion of these losses.
Premium leakage creates problems for consumers too, with up to 14 percent of all personal auto premiums attributed to the cost of covering these losses.
In no-fault auto insurance states, unscrupulous medical providers and attorneys often pad costs associated with legitimate claims, such as by billing for medical procedures never performed.
Here are some examples of premium leakage and their estimated costs:
Salvage
Salvage fraud is a common auto crime where vehicles damaged by storm flooding are resold in used car lots and auction sales without proper disclosure.
Some states require "salvage only" on the titles of flooded vehicles, usually if the damage amounts to 75 percent of the car's value.
Unscrupulous sellers may switch or clone the manufacturers' serial number plates and put them on a flooded but repaired vehicle.
This practice is called "title washing", where a car with a salvage-only title is resold in a state with more lax title standards.
Standardized state rules for titling vehicles are necessary to combat salvage fraud.
In recent years, some states in hurricane-prone parts of the United States have adopted rules requiring the words "flood vehicle" on the titles of vehicles that have been water damaged and rebuilt.
The National Insurance Crime Bureau (NICB) created a database that stores vehicle identification numbers (VINs) and boat hull identification numbers (HINs) from flooded vehicles and boats.
This database is available to law enforcers, state fraud bureaus, insurers, and state motor vehicle departments.
The general public can access VINCheck, an online lookup service, to determine if a vehicle may have been reported as a "salvage."

The National Motor Vehicle Title Information System (NMVTIS) is another attempt to solve the problem of title washing.
It requires junk and salvage yard operators and insurance companies to file monthly reports on vehicles declared total losses.
By 2019, this system included information on 99 percent of the U.S. vehicle population, and 49 states were reporting data to the system.
Counterfeit airbags are a form of salvage fraud that involves producing fake airbags for nearly every vehicle model.
Unscrupulous auto body repair shops use these less expensive airbags and obtain reimbursement from insurance companies for legitimate airbags.
Workers Compensation
Workers compensation fraud is a significant issue in many industries. Employers who misrepresent their payroll or the type of work carried out by their workers to pay lower premiums are committing workers' compensation fraud.
Some employers apply for coverage under different names to avoid detection of their poor claim record or to foil attempts to recover monies owed on previous policies.
Workers compensation fraud by medical care providers can include upcoding or billing for procedures that were never performed.
Claimant fraud is also a problem, where individuals over-utilize medical care to keep receiving lost income benefits or exaggerate their symptoms.
Attitude and Charges
An insurance agent's attitude can greatly impact their ability to commit insurance crimes. They may use high-pressure sales tactics to convince policyholders to purchase unnecessary coverage.
A key factor in determining the severity of charges is the agent's intent. If the agent knowingly sold a policy that was not in the best interest of the policyholder, they could face more serious charges.
The agent's attitude can also affect the type of charges brought against them. For example, if the agent was reckless and didn't care about the consequences of their actions, they may face more severe charges than an agent who simply made a mistake.
Attitude Toward
The attitude toward fraud is a significant factor in its prevalence. Too many consumers believe insurance fraud is justified, which makes it easier for con artists to operate.
A staggering 28% of auto claims are exaggerated, adding $13-$18 billion to America's annual insurance bill. This is according to a study by the Rand Institute for Civil Justice.

Doctors are also complicit, with nearly one third exaggerating the severity of a patient's illness to help them avoid early discharge from a hospital. This was revealed in a study published in the Journal of the American Medical Association.
Here's a breakdown of the prevalence of phony claims:
Two of three Americans tolerate insurance fraud to some degree, making it easier for con artists to operate. This tolerance also leads to a lack of punishment for insurance cheats, with two of five Americans wanting little or no punishment.
Criminal Charges
Criminal Charges can have serious consequences. In some states, like Pennsylvania, insurance fraud is a felony.
You could face up to 7 years in jail for insurance fraud in Pennsylvania. Fines of up to $15,000 are also possible.
Assisting or conspiring with someone to commit insurance fraud is also against the law. This means that even if you didn't directly commit the crime, you could still be held accountable.
Frequently Asked Questions
Who prosecutes crimes that involve the violation of insurance laws that fall under US code 1033?
The Attorney General prosecutes crimes that involve the violation of insurance laws under US code 1033. A civil penalty of up to a certain amount may be imposed on those found guilty.
Which of the following acts is not a federal offense committed by insurance agent?
Misrepresentation on an insurance application is typically a state offense, not a federal one. This distinction is crucial for insurance agents to understand their liability.
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