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Learn About Different Types of Fraud

Fraud Defense Lawyers in Cleveland, OH

Have you or a loved one been accused of committing fraud? If so, you need an aggressive lawyer on your side who can look out for your best interests and fight to protect your legal rights. With more than 30 years of legal experience and time spent as former prosecutors, we have the knowledge and the skill you can rely upon. No matter whether you're facing charges relating to Medicaid fraud or defrauding creditors, we encourage you to contact us immediately. Give us a call at (440) 709-8088 to schedule your free, no-obligation consultation.

Medicaid Fraud (O.R.C. 2913.40)

Physicians face pressures from every direction and with states like Ohio moving to advanced data analytics tools to find irregularities in Medicaid billing, it's easier than ever for mistakes to be misconstrued as crimes.

Like all fraud crimes, Cleveland prosecutors will grade a Medicaid fraud charge based on the value of the fraud.

If the fraud resulted in gains for the perpetrator of less than $1,000, you will be charged with a first degree misdemeanor, which can result in a jail sentence of up to six months. You'll also face fines and restitution costs. When you gained between $1,000 and $7,500, the charge rises to the felony level. As a fifth degree felony, conviction can lead to a one year jail sentence. When the gains were between $7,500 and $150,000, you'll be charged with a fourth degree felony and face up to 18 months in prison, plus enormous financial penalties. For amounts higher than $150,000, you may face 5 years in prison if convicted of this third degree felony.

Defrauding Creditors (O.R.C. 2913.45)

When a creditor has a legal right to obtain assets or property, it is a crime in Ohio to hinder their ability to recover it. Similarly, if you provide false statements or misrepresent financial data or property to a trustee or other fiduciary appointed to manage financial affairs, you are in violation of defrauding creditors.

  • Penalties are based on the value, according to this schedule:
  • Less than $1,000: First degree misdemeanor, up to 180 days in jail
  • $1,000-$7,500: Fifth degree felony, 6-12 months in jail
  • $7,500-$150,000: Fourth degree felony, 6-18 months in prison
  • $150,000 or More: Third degree felony, 9 months to 5 years in prison

Insurance Fraud (O.R.C. 2913.47)

When prosecutors in Cleveland charge insurance fraud, it means they believe they can prove you knowingly provided a false or deceptive statement to an insurance company in support of a fraudulent claim-or that you assisted or conspired with another to do so. As a base charge, insurance fraud in Cleveland is charged as a first degree misdemeanor, with a maximum sentence of six months and $1,000 in fines.

  • In most cases the grade of your charge will be based on the monetary value of the fraud:
  • Amounts Between $1,000-$7,500:
    5th degree felony, maximum sentence of 6-12 months
  • Amounts Between $7,500-$150,000:
    4th degree felony, maximum sentence of 6-18 months
  • Amounts Greater Than $150,000:
    3rd degree felony, sentencing from 9 months to 5 years

You will also face fines and restitution if convicted.

Workers' Compensation Fraud (O.R.C. 2913.48)

The workers' compensation system exists to help protect people who get hurt on the job, but unfortunately, it can also be subject to abuse by workers, employers, and healthcare personnel. Those who receive benefits to which they are not entitled can be charged with workers' compensation fraud. Similarly, employers who provide false information related to employee pay or classification or otherwise defraud the Workers' Compensation Bureau can be charged, as can anyone who conspires to create false or fraudulent claims. Fraud and theft crimes are serious matters in Cleveland-and conviction of workers' compensation fraud can carry lengthy prison sentences, particularly as the scope of the fraud increases. At Patituce & Associates, we protect our clients from exposure to criminal sanction and fight back against the charges against you.

Identity Fraud (O.R.C. 2913.49)

Using another person's identifying information (such as their name, Social Security number, or driver's license) to hold yourself out as the other person or pass that identifying information off as your own is prosecuted as identity fraud. The statute makes it a crime to use another person's identifying information to perpetrate fraud or to authorize another to use your own identifying information in a scheme to defraud. Identity fraud is a felony with punishment scaling as the value of the fraud increases. As a base charge, penalties for a fifth degree felony carry a maximum sentence of year in jail, but as the scope of the fraud rises, so do potential sanctions. For values over $150,000, identity fraud is a second degree felony carrying a maximum of 8 years in prison.

For a Free Review of Your Case, Call (440) 709-8088 Now!

At Patituce & Associates, we represent people in the Cleveland, Ohio area who've been charged with fraud or theft crimes, and are among the most experienced criminal defense attorneys in the region. We're also former prosecutors, so we know what you can expect at every point in your case, and how to effectively rebut the prosecution's charges against you. If you or a family member are facing fraud, call us at (440) 709-8088!

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