law office of scott pactor attorney criminal defense

Insurance Fraud Working Page
Home | About the Firm | Lawyer Profiles | Areas of Concentration | The Links | Contact Us | Articles and FAQ's | San Diego Criminal Defense Headlines | Community Involvement

Statutes and Research on Insurance Fraud in California

Statutes

California Penal Code Section 182-185: California Conspiracy Statutes

Please note (repealed) illegal to wear false whiskers!

The California Unemployment Insurance Code (Entire, five printed pages)(courtesy of "Around the Capitol")

Short  enough to read entire.  Lists many violations exclusively related to california unemployment insurance.  Fine can be as much as $20K. UI 2118.5.  Default prison terms. UI 2117.5, 2118.5.

California Insurance Code Section 11880-11881(Findlaw)

Criminalizes "premium fraud". 11880(a).  2,3,5 year term. Id.  Fifty thousand fine. Id.   Carries two year penalty enhancement for prior conviction.

California Penal Code Section 186.11: "The Aggravated White Collar Crime Enhancement"(courtesy of Findlaw)

This is an allegation added to the indictment.  Under the statute , this allegation would have to be proved to the jury at trial.  See (b)(1).  This comports with the requirements of Blakely, Booker and Fan-Fan.  Provides civil procedure for holding of assets. See(e)(2).  Criminal counsel would need to solicit opinion of civil/forfeiture counsel.

California Penal Code Section 12022.6:

This is a second allegation.  Adds 1-4 years prison consec. (a)(1-4).

News Reports, Press Releases

Covington and Huffman Sentenced for Insurance Fraud, 2/04

2004: Covington and Huffman Sentenced, Union Tribune via Lexis

2003: Marugg Indicts Nine in Insurance Fraud, Union Tribune via Lexis

SCIF Propaganda: "Prosecutors Hail Fraud Program"(NSFW Alert)

San Diego Metroplitan 2004: Covington and Huffman Sentenced

California Franchise Tax Board Press Release 2004: Covington and Huffman Plead

California Franchise Tax Board Press Release 2003: Joseph Indicted by Marugg

California Franchise Tax Board Press Release 2001: Padilla and Wife Charged in Income Tax Invasion, Marugg Prosecutes.

Secondary Sources

GOOGLE search "underground economy task force"(*)

Fried and Frank Article on Advice of Counsel Defense in False Claims Prosecution

Related Professionals

Diversified Risk Management: Workers Comp. Fraud Investigation

criminal defense san diego attorney misdemeanor felony federal state appeal d.u.i. domestic violence drugs wire tap conspiracy


The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.