As this column regularly observes, insurance companies frequently use civil litigation as a tool to fight insurance fraud,1 including fraud involving life insurance policies.2 Insurance fraud, of course, also is a crime,3 and prosecutors often bring criminal actions against those who commit insurance fraud.
Generally speaking, a person convicted of insurance fraud faces a potential prison sentence as well as an order requiring restitution to victims.4 A recent decision by the U.S. District Court for the Western District of New York, in U.S. v. Jafari,5 and a recent decision by the U.S. Court of Appeals for the Fifth Circuit, in U.S. v. Bazemore,6 explore how sentencing and restitution should be calculated in insurance fraud cases.
Health Care Fraud
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