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Question

What happens when you are on disability and your time runs out so you get a friend to sign the paper work? If the friend then trys to report you for Disability fraud how will the friend be affected there are just as much at fault as well?

Submitted: 78 days ago.
Category: Legal
Value: $28
Status: AWAITING CUSTOMER ACTION
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Optional Information

State/Country relating to Question: California

Already Tried:
I have not tried anything This is for a friend. She was on disability the time ran out she got her friend to sign the doc name and now he is saying he is going to report her for fraud

Posted by Dimitry Alexander Kaplun 78 days ago.

Info Request

Could you explain the situation in greater detail please?

What state did this occur in?

78 days ago.

Reply

California

Accepted Answer

Your friend and her "friend" are both guilty of insurance fraud, conspiracy, and forgery.

This is a copy of the California Civil Code that governs insurance fraud alone.

1871.4. (a) It is unlawful to do any of the following:
   (1) Make or cause to be made a knowingly false or fraudulent
material statement or material representation for the purpose of
obtaining or denying any compensation, as defined in Section 3207 of
the Labor Code.
   (2) Present or cause to be presented a knowingly false or
fraudulent written or oral material statement in support of, or in
opposition to, a claim for compensation for the purpose of obtaining
or denying any compensation, as defined in Section 3207 of the Labor
Code.
   (3) Knowingly assist, abet, conspire with, or solicit a person in
an unlawful act under this section.
   (4) Make or cause to be made a knowingly false or fraudulent
statement with regard to entitlement to benefits with the intent to
discourage an injured worker from claiming benefits or pursuing a
claim.
   For the purposes of this subdivision, "statement" includes, but is
not limited to, a notice, proof of injury, bill for services,
payment for services, hospital or doctor records, X-ray, test
results, medical-legal expense as defined in Section 4620 of the
Labor Code, other evidence of loss, injury, or expense, or payment.
   (5) Make or cause to be made a knowingly false or fraudulent
material statement or material representation for the purpose of
obtaining or denying any of the benefits or reimbursement provided in
the Return-to-Work Program established under Section 139.48 of the
Labor Code.
   (6) Make or cause to be made a knowingly false or fraudulent
material statement or material representation for the purpose of
discouraging an employer from claiming any of the benefits or
reimbursement provided in the Return-to-Work Program established
under Section 139.48 of the Labor Code.
   (b) Every person who violates subdivision (a) shall be punished by
imprisonment in the county jail for one year, or in the state
prison, for two, three, or five years, or by a fine not exceeding one
hundred fifty thousand dollars ($150,000) or double the value of the
fraud, whichever is greater, or by both that imprisonment and fine.
Restitution shall be ordered, including restitution for any medical
evaluation or treatment services obtained or provided. The court
shall determine the amount of restitution and the person or persons
to whom the restitution shall be paid. A person convicted under this
section may be charged the costs of investigation at the discretion
of the court.
   (c) A person who violates subdivision (a) and who has a prior
felony conviction of that subdivision, of former Section 556, of
former Section 1871.1, or of Section 548 or 550 of the Penal Code,
shall receive a two-year enhancement for each prior conviction in
addition to the sentence provided in subdivision (b).
   The existence of any fact that would subject a person to a penalty
enhancement shall be alleged in the information or indictment and
either admitted by the defendant in open court, or found to be true
by the jury trying the issue of guilt or by the court where guilt is
established by plea of guilty or nolo contendere or by trial by the
court sitting without a jury.
   (d) This section may not be construed to preclude the
applicability of any other provision of criminal law that applies or
may apply to a transaction.


---//---

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

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Expert: Dimitry Alexander Kaplun
Pos. Feedback: 99.0 %
Accepts: 
Answered: 9/4/2009

Attorney

Licensed in PA & NJ, specialize in business/contract disputes, immigration, estate creation & admin

77 days and 23 hours ago.

Reply

Would you be able to single out the section that would apply to the friend that signed the paperwork please. I'm not sure what part apply s to them

Posted by Dimitry Alexander Kaplun 77 days and 23 hours ago.

Answer

Sure thing.

a)1,3 both
b)for the actual punishment and penalty.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

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