Fraud is often considered a “white-collar” crime that should not necessarily be taken as seriously as other, more serious criminal acts. The justice system, however, does not see it that way. Acts that constitute fraud can cause as much damage as many other crimes and, accordingly, are taken very seriously by the justice system. Many fraud crimes have significant criminal penalties attached, including fines and prison sentences. Worse still, felony convictions can lead to adverse consequences beyond prison terms. You may have trouble getting a job or taking out a loan, and you will not be allowed to own firearms.
Since there is a potential for life-altering consequences after you get convicted of fraud, you need a strong legal defense against fraud charges. There are many different ways to fight fraud charges, but they all ultimately boil down to either disproving the components of the crime or negotiating with the prosecutor for a more favorable outcome for your case.
To get help from our Salt Lake City fraud defense lawyers, contact Overson Law by dialing (801) 758-2287 today.
What Constitutes Fraud in Utah?
Utah does not have a specific statute with penalties and definitions for “fraud” as a generic term. However, there are many different crimes that constitute fraud in Utah. The range of prohibited conduct runs the gamut from small-scale individual crimes to actions that result in stealing millions of dollars. Accordingly, there are many different definitions and penalties for fraud crimes in Utah. Our Utah fraud defense attorneys will detail some of those crimes below.
Bribery
Generally, people understand bribery as paying someone off to do something. Utah law gets a little more specific. Under Utah Code § 76-6-508, bribery is defined as a person offering another party a benefit – financial or otherwise – that is contrary to that party’s interest. The reverse, someone accepting a benefit for doing something against your own interest, is also criminalized under this statute. For example, suppose someone asks their boss for a promotion and tells them they will “make it worth their while.” That would be bribery. Additionally, if the boss accepts those terms, takes the benefit, and promotes the employee, they are also participating in criminal conduct.
Additionally, it is also bribery to present oneself as a neutral, disinterested party and then solicit or accept favors to make a decision one way or the other. For example, suppose a food critic accepts money from a restaurant to leave a glowing review of their food and service. That would also be bribery.
Bribery is a Class A misdemeanor, which carries with it the potential for up to 364 days in prison pursuant to § 76-3-204(1).
Forgery
The crime of forgery is defined under § 76-6-501(2) as altering someone else’s writing without their permission, creating some kind of document with the intention of having it appear as if someone else wrote or authorized it, or falsifying details about certain documents. For example, it is a forgery to alter who gets what in someone’s will without the person who wrote the will’s permission.
Forgery is a third-degree felony, which carries with it the potential for up to five years in prison under Utah Code § 76-5-203(3).
Insurance Fraud
Insurance fraud is criminalized and defined by § 76-6-521(2) and entails misrepresenting facts or circumstances to insurance providers in order to either get insurance coverage you should not get, avoid an insurance premium, or get coverage on a loss that has already happened. An important component of insurance fraud is that it has to be done knowingly. For example, if you accidentally say a fact wrong to an insurance provider but think it is true, that is not insurance fraud. However, if you intentionally provide false information to get an insurance payout, that is insurance fraud.
The penalties for insurance fraud vary depending on the conduct in question. Per § 76-5-521(3), insurance fraud is a Class A misdemeanor if you are trying to get an insurance payout you are not entitled to. However, depending on the amount of money involved in the fraud, this could be downgraded to a Class B misdemeanor or upgraded to a third or second-degree felony.
How to Combat Fraud Charges in Utah
There are a couple of different methods that can be used to combat fraud charges in Utah. To be convicted, prosecutors have to prove that you committed a crime “beyond a reasonable doubt.” This is a high bar that requires a lot of proof, so there are multiple angles that our lawyers can take to fight any fraud charges you or a loved one are facing.
Challenge Crime Elements
When prosecutors try to demonstrate to a judge and jury that someone is guilty of a crime, they match up the defendant’s alleged conduct to the parts or “elements” of a crime. A lot of the time, crimes require that all elements be present in order to convict. Other times, certain elements must be present, while others are optional. For example, imagine a prosecutor is pursuing insurance fraud charges against you. To prove insurance fraud, the prosecutor has to show, among other things, that the defendant had intent to deceive or defraud the insurance company. Therefore, if our lawyers can present strong evidence that there was no intent to provide inaccurate information, that can be used to defeat fraud allegations. Alternatively, evidence that shows the information you provided was indeed accurate can also defeat an insurance fraud claim.
Negotiate with Prosecutors
Frequently, our lawyers will be able to advocate for you in negotiations with the prosecutor to increase the chances of success in your case. For example, suppose that before the trial starts, new information comes to light that improves your case. Our lawyers can bring that evidence to the prosecutor’s attention before trial, and, depending on the circumstances, the prosecutor may offer a deal or drop charges entirely.
Talk to Our Utah Fraud Defense Lawyers Now
Get a confidential and free analysis of your charges from the Utah fraud defense lawyers at Overson Law by calling (801) 758-2287.
