Individuals and businesses engaging in insurance fraud can face significant civil penalties under various state and federal laws, including in appropriate cases under the federal Racketeer Influenced and Corrupt Organizations Act. The financial penalties that can result, however, may not truly be a deterrent for judgment-proof defendants.
Criminal laws—with the possibility of prison time—clearly can be more effective than civil penalties to punish and to deter insurance fraud.1 Yet there may be situations where a criminal conviction for insurance fraud and the resulting sentence lead to more than just deterrence and an appropriate level of punishment and create, instead, unfairness and excessive punishment.2
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