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Fraud

Fraud is the crime of deliberately deceiving another in order to damage them by obtaining money, property or services unjustly. Minnesota fraud statutes outline the various categories of fraud under Minnesota law:

Medical Assistance Fraud

Any person who, with the intent to defraud, presents a claim for reimbursement, a cost report or a rate application, relating to the payment of medical assistance funds to the state agency, which is false in whole or in part, is guilty of an attempt to commit theft of public funds.

Insurance Fraud

One who presents, causes to be presented, or prepares with knowledge or reason to believe that it will be presented, by or on behalf of an insured, claimant, or applicant to an insurer, insurance professional, or premium finance company in connection with an insurance transaction or premium finance transaction, any information that contains a false representation as to any material fact is guilty of insurance fraud. In addition, those who remove or destroy an insurer's records or diverts, misappropriates, converts or embezzles money from an insurer is guilty of insurance fraud.

Fraudulent Statements

Whoever circulates or publishes a false statement, oral or written, relating to a corporation, association, or individual, intending thereby to give a false apparent value to securities issued or to be issued by, or to the property of, such corporation, association, or individual, or who makes false a ship's or airplane's manifest, invoice, or register is guilty of a crime.

Lottery Fraud

An individual who alters or counterfeits a state lottery ticket, knowingly presents an altered or counterfeited state lottery ticket for payment, knowingly transfers an altered or counterfeited state lottery ticket to another person or otherwise claims a lottery prize by means of fraud, deceit, or misrepresentation is guilty of lottery fraud.

Fraudulent Driver's Licenses

One who has in their control, custody, or possession any plate, block, press, stone, digital image, computer software program, encoding equipment, computer optical scanning equipment, or digital photo printer, or other implement, or any part of such an item, designed to assist in making a fraudulent driver's license or identification card, engraves, makes, or amends, or begins to engrave, make, or amend, any plate, block, press, stone, or other implement for the purpose of producing a fraudulent driver's license or identification card, uses a photocopier, digital camera, photographic image, or computer software to generate a fraudulent driver's license or identification card, has in control, custody, or possession or makes or provides paper or other material adapted and designed for the making of a fraudulent driver's license or identification card or prints, photographs, or in any manner makes or executes an engraved photograph, print, or impression purporting to be a driver's license or identification card is guilty of a crime.

Gambling Fraud

A person who knowingly claims a lawful gambling prize using altered or counterfeited gambling equipment, knowingly claims a lawful gambling prize by means of fraud, deceit, or misrepresentation, manipulates any form of lawful gambling or tampers with any gambling equipment with intent to influence the outcome of a game or the receipt of a prize or knowingly places or uses false information on a prize receipt or on any other form approved for use by the Gambling Control Board or the Alcohol and Gambling Enforcement Division of the Department of Public Safety is guilty of a crime.

Fraud in Obtaining Credit

A person who, with intent to defraud, obtains personal credit or credit for another from a bank, trust company, savings association, or credit union, by means of a present or past false representation as to the person's or another's financial ability is guilty of a crime.

Credit Card Fraud

Whoever, without the consent of the cardholder, and knowing that the cardholder has not given consent, uses or attempts to use a card to obtain the property of another, or a public assistance benefit issued for the use of another is guilty of a crime in Minnesota.

Mortgage Fraud

One who knowingly makes or causes to be made any deliberate and material misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process or who knowingly uses or facilitates the use of any deliberate and material misstatement, misrepresentation, or omission, knowing the same to contain a material misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process is guilty of a crime.

Telecommunications Fraud

An individual who evades a lawful charge, obtains telecommunications service for the person's own use by any fraudulent means is guilty of a crime in Minnesota.

You should contact an attorney if you’ve been arrested or charged with fraud in Minnesota. The earlier you involve an attorney, the sooner we can interview witnesses, gather evidence and address other important issues in your case. Call our law firm now for a free consultation: (218) 736-5456.

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NEWS:

Terry Karkela recently attended the annual meeting of the American College of Real Estate Lawyers (ACREL) in Philadelphia, PA and was welcomed as a new member. ACREL is the premiere real esate organization for attorneys in the United States. Membership is by invitation only and limited to those attorneys who demonstrate a high level of expertise in real estate law and who have devoted substantial time and effort to improving the practice of real estate law by teaching other attorneys, writing about, and working on the adoption of legislation. Only 30 MN attorneys are members and all except 3 are from the metropolitan area.


Karkela, Hunt, Cichosz & Jensen, PLLP is pleased to announce that Matthew D. Jorud has joined our law firm and will be doing general practice work for the firm. If you need assistance, or ar looking to refer a matter, Mr. Jorud would be happy to offer free initial consultation.


Paul Hunt served as an attorney coach in the 2009 Minnesota High School Mock Trial Competition.  The Minnesota State Bar Association will recognize the more than 500 mock trial volunteers in the May/June issue of Bench & Bar.

 
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