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This entry was published on 2014-09-22
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Penalties for fraudulent practices
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 7
§ 114. Penalties for fraudulent practices. 1. Any person who,
knowingly and with intent to defraud presents, causes to be presented,
or prepares with knowledge or belief that it will be presented to or by
an insurer or purported insurer, or any agent thereof, any written
statement as part of, or in support of, an application for the issuance
of or the rating of an insurance policy for compensation insurance, or a
claim for payment or other benefit pursuant to a compensation policy
which he or she knows to: (i) contain a false statement or
representation concerning any fact material thereto; or (ii) omits any
fact material thereto, shall be guilty of a class E felony. Upon
conviction, the court in addition to any other authorized sentence, may
order forfeiture of all rights to compensation or payments of any
benefit, and may also require restitution of any amount received as a
result of a violation of this subdivision.

2. An employer or carrier, or any employee, agent, or person acting on
behalf of an employer or carrier, who knowingly makes a false statement
or representation as to a material fact in the course of reporting,
investigation of, or adjusting a claim for any benefit or payment under
this chapter for the purpose of avoiding provision of such payment or
benefit shall be guilty of a class E felony.

3. A person who knowingly makes a false statement or representation as
to a material fact for the purpose of obtaining, maintaining or renewing
insurance under this chapter, whether for himself or herself or for any
other person or entity or for the purpose of evading the requirements of
section fifty of this chapter shall be guilty of a class E felony. In
addition to any other remedy, the carrier providing insurance shall be
entitled to restitution of any amount obtained or withheld as a result
of a violation of this subdivision.

4. Consistent with the provisions of the criminal procedure law, in
any prosecution alleging a violation of subdivision one, two or three of
this section, or sections fifty-two and one hundred thirty-one of this
chapter, in which the act or acts alleged may also constitute a
violation of the penal or other law, the prosecuting official may charge
a person pursuant to the provisions of this section and in the same
accusatory instrument with a violation of such other law.

5. A person (a) who is convicted of a second or subsequent offense
under this section within ten years of the prior conviction, or (b) who
violates any provision of this section concerning two or more claimants,
shall be guilty of a class D felony.