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What is the Insurance Fraud Prevention Act and Its Violations?

Author : Donghoo Sohn, Esq.



In Washington D.C., insurance fraud is not merely a deceptive act, it is a serious criminal offense that attacks the stability of the entire insurance system and ultimately raises premiums for all policyholders. In response to the growing complexity and frequency of fraudulent schemes, the district enforces strict penalties under its own fraud and insurance statutes, effectively serving as an Insurance Fraud Prevention Act, to ensure accountability and deterrence. These comprehensive legal frameworks target individuals and organized groups attempting to unlawfully benefit from insurance policies.

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1. Legal Overview of Insurance Fraud Violations in Washington D.C.


The District of Columbia prosecutes insurance fraud under a combination of statutes, including the D.C. Code § 22–3225 ("Fraud"), § 22–3227 ("Fraud Against a Business"), and various provisions of Title 31 governing insurance practices, all of which collectively reflect the purpose of an Insurance Fraud Prevention Act. This body of law defines the scope of criminal behavior, establishing that any knowing and willful attempt to defraud an insurer is punishable under District law. Insurance fraud typically involves knowingly submitting false, misleading, or exaggerated claims to insurance providers to receive unearned benefits. Whether the deception relates to the cause of an incident, the extent of injuries, or documentation such as medical reports, the act is prosecuted as an aggravated form of fraud due to its systemic implications and the financial harm it causes to businesses and consumers.



Defining Key Offense Types Under the Prevention Act


The D.C. government and insurance regulators categorize insurance fraud into distinct types based on intent, method, and scope, with the most frequent schemes including staged accidents, falsified injuries, and inflated claims. These categories help prosecutors and investigators focus their efforts on the most damaging forms of deceit impacting the insurance market.

  • Intentional Collisions: Deliberately causing an accident to file claims for vehicle damage or personal injury is a clear violation of the Insurance Fraud Prevention Act.
  • False Medical Documentation: The act of using forged or altered medical records to justify non-existent or minor injuries is severely punished.
  • Exaggerated Claims: Reporting damages or injuries far beyond what occurred in reality constitutes a serious attempt at insurance fraud.
  • Repeated Claims: Filing multiple claims for the same incident using different companies or policies is tracked and targeted by fraud units.


2. Common Scenarios and Trends in Insurance Fraud within Washington D.C.


The District of Columbia faces unique challenges regarding insurance fraud, often seeing schemes tailored to its urban environment and specific demographics. The D.C. government and insurance regulators actively monitor trends to allocate resources and update prevention strategies effectively. According to the National Insurance Crime Bureau ("NICB") and state-level reports, the most prevalent form of insurance fraud in D.C. involves exaggerated personal injury claims and collusion with healthcare providers. Medical fraud accounts for a significant proportion of all detected schemes, often involving unnecessary or unperformed procedures billed to the insurer.



Government-Reported Trends in Fraudulent Activity


Data gathered by regulatory bodies highlights specific areas of concern that policyholders and law enforcement should be aware of as outlined by the Insurance Fraud Prevention Act's goals. These trends often involve complex networks of co-conspirators, including clinic operators, body shops, and even legal professionals, making them difficult to detect without advanced analytical tools.

Fraud TypeDescriptionHigh-Risk Sector
Exaggerated InjuryClaiming disproportionate or chronic pain/injury for minor incidents.Auto & Workers' Compensation
Provider CollusionHealthcare providers billing for services that were never rendered ("phantom billing").Health & Medical Insurance
Falsified TheftReporting a vehicle or property stolen when it was intentionally hidden or sold.Auto & Property Insurance


3. Penalty Framework for Insurance Fraud Violations in Washington D.C.


Penalties for violating the principles of the Insurance Fraud Prevention Act vary significantly depending on the scale, intent, and monetary value of the insurance fraud committed. However, Washington D.C. law mandates severe consequences for both individuals and organized actors to maintain a strong deterrent effect. These penalties can include substantial jail time, hefty financial fines, and requirements for restitution to the defrauded insurance companies.



Criminal Penalties for Violations of the Prevention Act


The severity of the criminal charges is directly linked to the amount of money involved in the fraudulent scheme, demonstrating the District's commitment to punishing significant financial crimes. Notably, any attempt to encourage or assist others in committing insurance fraud may lead to conspiracy or solicitation charges, further increasing the potential sentence and making it clear that facilitation of fraud is also a serious crime.

Violation DescriptionMaximum Penalty
First-degree fraud involving over $1,000Up to 10 years imprisonment and/or $25,000 fine
Lesser offenses (under $1,000)Up to 180 days imprisonment and/or $1,000 fine
Fraud against insurers (organized or repeated)Additional enhancements under business fraud laws, potentially adding years to the sentence.


4. Practical Implications and Defensive Measures Against Insurance Fraud in Washington D.C.


Insurance fraud is often mistakenly viewed as a victimless crime, but Washington D.C. law treats it as a significant threat to economic stability and public trust because all honest policyholders ultimately bear the cost. Whether you are a policyholder, a business owner, or a medical service provider, awareness of the stringent requirements of the Insurance Fraud Prevention Act is crucial to avoid complicity and protect your interests. The costs of fraudulent claims are absorbed by the system, leading to higher premiums for everyone else in the District.



Defensive Measures for Policyholders and Insurers


Both policyholders and insurance carriers play a role in identifying and combating insurance fraud to ensure the integrity of the system as intended by the Insurance Fraud Prevention Act. Policyholders should be vigilant against attempts to involve them in fraudulent activities, while insurers must employ sophisticated tools to detect anomalies in claims data.

  • Red Flags for Policyholders: Be wary if an accident seems orchestrated or unusually convenient, if medical providers push for excessive or unnecessary treatment plans, if the claimant refuses to involve law enforcement, or if repair or treatment invoices appear inflated or unverifiable. These are clear signs that insurance fraud may be occurring.
  • Carrier and Legal Measures: Insurance carriers, legal counsel, and adjusters often employ rigorous methods like background checks on claimants with multiple past claims, verifying medical provider licensure and billing patterns, and thoroughly investigating the mechanical and physical evidence at accident scenes. Cooperation with local and federal fraud units is also a key defensive strategy against organized fraud rings.

11 Jul, 2025


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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