A Minnesota Criminal Defense Attorney Explains Statute § 609.611 and What You’re Up Against
You never imagined you’d be in this position. It might have started with a legitimate claim—a car accident, a work injury, or property damage from a storm. Maybe there was a misunderstanding with the paperwork, or you made an honest mistake when describing the value of a loss. Now, an insurance company investigator is calling, asking pointed questions, and treating you like a criminal. Or worse, you’ve received a letter or a summons informing you that you are being formally charged with insurance fraud. Your mind is reeling. You feel overwhelmed, wrongly accused, and terrified of what comes next. How can a simple insurance claim turn into a criminal nightmare with the potential for prison time?
This is not a problem that will just go away. Insurance companies are powerful corporations with immense resources, and they aggressively pursue any claim they deem suspicious. They work closely with prosecutors to make examples out of people, and in Minnesota, the law gives them potent weapons to do so. A conviction for insurance fraud, which can be a felony, carries severe penalties: thousands of dollars in fines and restitution, a long prison sentence, and a permanent criminal record that can shatter your life. You may feel that the insurance company is twisting your words or that the charge is a gross exaggeration of what actually happened. You need to understand that your good intentions won’t be enough to protect you.
You do not have to let an insurance giant and an aggressive prosecutor ruin your life. You do not have to face this alone. As a criminal defense attorney practicing across the entire state of Minnesota—from the major metropolitan courts in Minneapolis and St. Paul to county seats in Rochester, Duluth, St. Cloud, and all points in between—I have stood up for people just like you. I understand how insurance companies operate and how prosecutors build these cases. I am here to dissect the allegations against you, challenge the state’s evidence, and fight to protect your freedom, your financial stability, and your future.
What Insurance Fraud Actually Means in Minnesota
In simple terms, insurance fraud is the act of intentionally deceiving an insurance company to get money you are not entitled to. However, the legal definition under Minnesota law is far more expansive and covers a wide range of conduct. It’s not just about faking an injury or staging an accident. You can be charged for providing any false information about a “material fact” on an application to get a lower premium, exaggerating the value of items stolen in a burglary, or concealing relevant information when making a claim. The core of the offense is the intent to defraud—a conscious decision to mislead for financial gain.
Many people facing “Minnesota insurance fraud charges” are shocked to learn how broad the statute is. A contractor who submits an inflated invoice for storm damage repairs in a suburb like Eagan or a business owner in Plymouth who misclassifies employees to lower their workers’ compensation premiums can both be charged with felony insurance fraud. “What is insurance fraud in Minnesota” is a complex question, and a “facing insurance fraud accusation” notice means the state believes it has evidence that you knowingly lied for money. Your entire financial and personal history can become an open book for investigators.
Minnesota Law on Insurance Fraud — Straight from the Statute
The specific law that makes it a crime to defraud an insurance company is found in the Minnesota state statutes. When you are charged, the government is claiming your actions violated this precise law. The primary statute governing this offense is Minnesota Statute § 609.611.
Here is the essential language from the statute that defines the prohibited acts:
609.611 INSURANCE FRAUD.
Subdivision 1. Insurance fraud prohibited. Whoever with the intent to defraud for the purpose of depriving another of property or for pecuniary gain, commits, or permits its employees or its agents to commit any of the following acts, is guilty of insurance fraud…
(a) 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…any information that contains a false representation as to any material fact, or that conceals a material fact concerning any of the following:
(1) an application for, rating of, or renewal of, an insurance policy;
(2) a claim for payment or benefit under an insurance policy…
Breaking Down the Legal Elements of Insurance Fraud in Minnesota
For a prosecutor to convict you of insurance fraud, they must prove three separate components—the legal elements of the crime—beyond a reasonable doubt. This is a very high standard. It’s not enough to show that the insurance company lost money or that your application contained an error. The state must prove what you were thinking and that your actions meet the strict legal definition of fraud. My job is to attack each one of these elements and show the court where the state’s case falls short.
- Intent to Defraud: This is the most crucial element. The prosecutor must prove that you acted with the specific purpose of deceiving the insurance company for financial gain. An honest mistake, a misunderstanding of a question on a form, or a poorly remembered detail is not fraud. If you did not intend to lie to get money you weren’t owed, you are not guilty of this crime. We will build a case around your true intentions to show that this was an error, not a criminal scheme.
- A False Representation or Concealment: The state must prove that you provided information that was actively false or that you deliberately concealed information you had a duty to provide. This could be an inflated repair estimate, a lie about how an injury occurred, or a failure to disclose a pre-existing condition on a health insurance application. The information must be demonstrably untrue or incomplete. If the statement you made was true, or if it was an opinion rather than a fact, there is no fraud.
- Regarding a Material Fact: This is a key legal protection. The lie or concealment must be about a material fact—a piece of information so important that it would have caused the insurance company to make a different decision, such as denying the policy, charging a higher premium, or refusing to pay the claim. Lying about an insignificant detail that would not have changed the outcome is not material and therefore not criminal fraud. We can often argue that the information in question was not material to the insurer’s decision.
Penalties for an Insurance Fraud Conviction in Minnesota Can Be Severe
Do not underestimate the consequences of an insurance fraud charge. Minnesota law treats this crime with the same severity as theft, meaning the penalties are directly tied to the amount of money involved. A conviction can result in life-altering prison sentences and crippling fines and restitution orders. The “penalties for insurance fraud in Minnesota” are designed to be harsh, and prosecutors in counties like Hennepin, Ramsey, and Dakota seek stiff sentences to deter others.
Felony Level Insurance Fraud
The majority of insurance fraud cases are charged as felonies due to the dollar amounts involved.
- More than $35,000: This is the most serious level, punishable by up to 20 years in prison and/or a fine of up to $100,000.
- More than $5,000 (but not more than $35,000): This level carries a sentence of up to 10 years in prison and/or a fine of up to $20,000.
- More than $1,000 (but not more than $5,000): This is the lowest-level felony, punishable by up to 5 years in prison and/or a fine of up to $10,000.
Gross Misdemeanor Insurance Fraud
If the amount of the fraud is more than $500 but not more than $1,000, the charge is a gross misdemeanor. The “Minnesota sentencing for insurance fraud” at this level includes:
- Up to 364 days in jail.
- A fine of up to $3,000.
Misdemeanor Insurance Fraud
For fraud involving $500 or less, the charge is a misdemeanor, which is still a criminal offense punishable by:
- Up to 90 days in jail.
- A fine of up to $1,000.
In every single case, a conviction requires the judge to order you to pay restitution to the victim in addition to any jail time or fines.
What Insurance Fraud Looks Like in Real Life — Common Scenarios in Minnesota
Insurance fraud charges can spring from a wide array of situations, many of which begin as legitimate claims or honest business practices. Investigators are trained to find inconsistencies, and what you see as a simple mistake, they see as a criminal act. You might recognize your own difficult situation in these common Minnesota scenarios.
These examples are not just stories; they are situations that lead to real people in our communities facing felony charges. The details of how the investigation started and the evidence the insurer has collected are the battleground on which your case will be fought.
The Exaggerated Storm Damage Claim in Rochester
A major hailstorm sweeps through Rochester, damaging your roof and siding. You hire a contractor who tells you that for a higher price, they can convince your insurance company to pay for a full roof replacement, even though only a portion was damaged. They submit an invoice with inflated costs and misleading photos. The insurance adjuster becomes suspicious, investigates the contractor, and discovers the scheme. Both you and the contractor are charged with felony insurance fraud for presenting a claim containing false representations.
The Staged Car Accident in a Minneapolis Suburb
You’re struggling with debt and a friend suggests an “easy” way to get cash. You agree to participate in a staged car accident in a busy intersection in Bloomington or Brooklyn Park. You and the other driver intentionally cause a minor collision and then both file claims for vehicle damage and personal injuries, including weeks of chiropractic care you don’t actually need. The insurance company’s data analytics flag the claim as suspicious, an investigation is launched, and you are charged with insurance fraud for creating a fake claim.
The Workers’ Compensation Claim in Duluth
You suffer a legitimate back injury while working at a shipping facility in Duluth. You file a workers’ compensation claim and begin receiving benefits. A few months later, feeling better, you help a friend with a weekend construction project and get paid in cash. An insurance investigator, hired to watch you, captures video of you lifting heavy materials. You are accused of fraudulently collecting benefits while misrepresenting your physical limitations and are charged with a felony.
The Small Business Payroll Lie in St. Paul
You own a small construction company in St. Paul. To save money on your massive workers’ compensation insurance premiums, you tell your insurance agent that you have fewer employees than you actually do, or you classify your high-risk roofers as low-risk office staff. An audit by the insurance company uncovers the discrepancy. You are charged with insurance fraud for making false representations on your insurance application to obtain a lower premium, potentially facing years in prison.
Legal Defenses That Might Work Against Your Insurance Fraud Charge
Being investigated or charged with insurance fraud can feel like an insurmountable challenge, but it is not a hopeless situation. The burden of proof is entirely on the prosecutor. They must prove every element of their case, especially your criminal intent, beyond a reasonable doubt. There are powerful and effective legal defenses that can dismantle the state’s case, leading to reduced charges, a full dismissal, or a not-guilty verdict at trial.
Your defense starts with a thorough investigation into the insurance company’s file and the police reports. We must challenge the narrative that you are a criminal. Often, the “defenses to insurance fraud in Minnesota” are found in the details the insurance investigator chose to ignore—the confusing forms, the ambiguous questions, and the lack of any real evidence about what you were actually thinking. You should never speak to an investigator without a lawyer. My role is to be your shield and your sword, protecting you from questioning and attacking the weaknesses in the case against you.
You Lacked the Intent to Defraud
This is the cornerstone of most insurance fraud defenses. The prosecutor must prove you acted with a guilty mind. If you made an honest mistake or were simply negligent, you are not a criminal. This is a critical battleground for fighting your charges.
- Honest Mistake: You provided incorrect information, but it was a genuine error, not an intentional lie. For example, you forgot about a minor prior injury when filling out a disability application or miscalculated the value of stolen property based on what you thought it was worth.
- Reliance on Others: You reasonably relied on the advice of a professional, such as a contractor, an insurance agent, or a doctor, who prepared or submitted the information for you. If they were the ones who committed the fraud without your knowledge, you are a victim, not a perpetrator.
The Information Was Not a “Material Fact”
Even if a statement on your application or claim was false, the state must prove it was material. A fact is only material if it was important enough to influence the insurer’s decision. If the lie was about something trivial, it doesn’t count as criminal fraud.
- No Impact on Decision: We can argue that even if the insurance company had known the true fact, it would not have changed their decision to issue the policy or pay the claim. For example, getting your birth year wrong by one year likely wouldn’t affect a car insurance claim and would therefore not be material.
- Ambiguous Question: The insurance form or the question asked by the adjuster was vague or confusing. You answered truthfully based on your reasonable interpretation of the question. Your answer can’t be a “false representation” if the question itself was flawed.
Challenging the Valuation of the Fraud
The severity of the penalty you face is tied directly to the dollar amount of the alleged fraud. Aggressively challenging the state’s calculation of this amount is a crucial defense strategy that can lead to a significant reduction in charges.
- Inflated Loss Amount: The prosecutor is using an inflated or unsubstantiated number as the value of the fraud. We can hire our own appraisers or financial analysts to provide a more realistic and lower valuation, potentially reducing a felony charge to a gross misdemeanor or even a misdemeanor.
- No Actual Loss: In some cases, we can argue that the insurance company did not suffer any economic loss as a result of your actions. If no money was ever paid out on the claim, it makes it much harder for the prosecutor to prove the high-dollar amounts needed for a felony conviction.
You Abandoned or Withdrew the Claim
If you realized you made a mistake on a claim and took steps to correct it before it was paid and before you were aware of an investigation, this can be a powerful defense against the “intent” element.
- Voluntary Withdrawal: You contacted the insurance company to withdraw the false or exaggerated claim. This action demonstrates that you did not ultimately intend to go through with the fraud, which can convince a prosecutor to drop the charges.
- Correction of Information: You proactively provided the insurance company with the correct information to fix the error on your application or claim. This shows a lack of fraudulent intent and a desire to be truthful.
Minnesota Insurance Fraud FAQs — What You Need to Know Now
Will I go to jail for insurance fraud in Minnesota?
Jail or prison is a very real possibility, especially if you are charged with a felony. A conviction for fraud over $35,000 carries a potential 20-year prison sentence. An aggressive defense aimed at dismissal or charge reduction is the best way to protect your freedom.
Can an insurance fraud charge be dismissed?
Yes. A skilled defense attorney can often get these charges dismissed by showing the prosecutor that they cannot prove you had the intent to defraud, that the alleged misstatement was not material, or that there are other fatal flaws in their case. Early intervention is key.
Do I need a lawyer for an insurance fraud charge in a city like Maple Grove?
Absolutely. Insurance fraud is a complex, document-intensive crime. You are facing off against a massive insurance company and an experienced prosecutor. You need a lawyer who knows how to read insurance policies, challenge financial evidence, and navigate the specific court system in Hennepin County or wherever you are charged.
How long does a felony insurance fraud conviction stay on my record?
A felony conviction in Minnesota is a permanent part of your criminal record unless you are able to get it expunged, which is a difficult and lengthy process. This public record can haunt you for the rest of your life, making it crucial to fight the charge from the very beginning.
What if I just exaggerated a little bit on my claim? Is that a crime?
Yes. What seems like a “little exaggeration” to you is seen as a “false representation as to a material fact” by a prosecutor. If that exaggeration was made with the intent to get more money than you were entitled to, it meets the definition of criminal insurance fraud.
I haven’t been charged, but an investigator wants to talk to me. What should I do?
Do not speak to them. Be polite, take their card, and tell them your attorney will be in contact. Insurance investigators are not on your side; their job is to gather evidence to deny your claim and build a criminal case against you. Anything you say can be used to charge you with a crime.
The insurance company already denied my claim. Can I still be charged?
Yes. The crime is often complete the moment you submit the fraudulent application or claim with the intent to defraud. The fact that the company didn’t fall for the scheme and didn’t pay out any money does not prevent the state from charging you with attempted insurance fraud.
Can I be charged if my contractor is the one who lied on the invoice?
It depends on your knowledge and intent. If you “knew or had reason to believe” the invoice was fraudulent when you submitted it, you can be charged. However, if the contractor acted alone and you were unaware of their scheme, you may be a victim, not a co-conspirator. This is a crucial distinction we would need to prove.
What is the statute of limitations for insurance fraud in Minnesota?
The clock does not start running until the insurance company or law enforcement discovers the fraud. However, there is an absolute limit: the prosecution cannot begin more than seven years after the fraudulent act occurred. This complex rule requires careful analysis.
I lied on my application, but the company still gave me a policy. Is that a defense?
Not necessarily. The crime is providing the false information with the intent to defraud. However, we could argue that the information was not material if the company issued the policy anyway after conducting its own underwriting. This is a fact-specific defense that would need to be investigated.
What is the difference between “hard fraud” and “soft fraud”?
“Hard fraud” is when someone intentionally fakes an entire event, like staging a car accident or an arson. “Soft fraud,” which is more common, is when a person with a legitimate claim exaggerates the extent of the damage or injury to get a higher payout. Both are illegal.
Can a doctor or chiropractor be charged with insurance fraud?
Yes. Healthcare providers can be charged for billing for services never rendered, performing unnecessary procedures to increase billing, or falsifying diagnoses to get treatments covered. These are very serious white-collar crime cases.
Will I have to pay the money back?
Yes. Minnesota law requires that anyone convicted of insurance fraud must be ordered to pay full restitution to the victims for their economic loss. This is in addition to any fines or prison time ordered by the court.
Can an insurance fraud charge affect my professional license?
Absolutely. If you are a doctor, nurse, lawyer, realtor, or hold any other professional license, a felony conviction for a crime of dishonesty like insurance fraud will almost certainly lead to disciplinary action, including suspension or permanent revocation of your license to practice.
Is it better to just pay back the money and hope it goes away?
No. Paying the money back does not erase the crime. While it might be a part of a negotiated settlement, simply sending a check does not stop a prosecutor from filing charges. You should never take any action without first consulting with a defense attorney.
What a Felony Insurance Fraud Conviction Could Mean for the Rest of Your Life
A felony conviction for insurance fraud is a life-altering event. It is a brand—a label of “felon” and “liar”—that you can never fully escape. The sentence handed down by the judge is only the beginning of your punishment. The “life after an insurance fraud conviction in Minnesota” is filled with closed doors and lost opportunities, and these collateral consequences can be even more punishing than prison.
Devastation of Your Professional Career
For professionals, a felony fraud conviction is a career death sentence. If you are a doctor, lawyer, accountant, nurse, financial advisor, or real estate agent, you will almost certainly lose your professional license. Even if your career doesn’t require state licensing, the “criminal record consequences for insurance fraud” are dire. Few companies are willing to hire someone convicted of a major crime of dishonesty for any position involving trust or money. Your career and earning potential can be permanently destroyed.
Permanent Loss of Firearm Rights
Under both Minnesota and federal law, a conviction for any crime punishable by more than a year in prison—which includes all felony-level insurance fraud offenses—results in a lifetime ban on owning or possessing any firearm or ammunition. There are very few exceptions. For those who hunt, engage in shooting sports, or simply want to protect their families, this fundamental constitutional right is stripped away forever.
Barriers to Housing and Education
Finding a safe place to live becomes incredibly difficult with a felony on your record. Landlords routinely run background checks and can legally deny your rental application based on a felony fraud conviction. This can force you into less desirable neighborhoods and housing situations. Similarly, many colleges and universities ask about criminal history on their applications, and a felony can be a major barrier to admission or to receiving student loans and financial aid.
Damage to Your Reputation and Relationships
The personal toll of a felony conviction is immense. It can strain relationships with family and friends and permanently damage your standing in your community. The label of “felon” carries a heavy social stigma that can lead to isolation and shame. It becomes part of your identity, a shadow that follows you everywhere you go, from community events in your hometown to interactions with new acquaintances.
Why You Need a Tough, Experienced Minnesota Insurance Fraud Attorney
When an insurance company and the State of Minnesota are building a case against you, you are outgunned and alone. They have teams of investigators, financial experts, and prosecutors dedicated to one goal: convicting you. To have any chance of protecting yourself, you need an aggressive, knowledgeable, and dedicated advocate in your corner. Hiring a private Minnesota insurance fraud defense attorney is the most important decision you will make.
The Unmatched Advantage of a Private Attorney
Unlike a public defender juggling an impossible number of cases, I will dedicate the focused time and energy your complex fraud case requires. Your future will not be triaged or pushed to the back burner. I will personally handle every critical aspect of your case, from poring over thousands of pages of financial documents to preparing for a high-stakes trial. You will work directly with me, and I will be available to you throughout this stressful process, ensuring you are informed and empowered.
Immediate Action to Seize Control of the Narrative
The most critical time in an insurance fraud case is at the very beginning, often before charges are even filed. As soon as you know you are under investigation, I can intervene. I will stop you from making the catastrophic mistake of talking to investigators. I will immediately begin our own investigation, securing evidence, interviewing helpful witnesses, and identifying the holes in the insurance company’s theory. By getting involved early, I can often influence the charging decision itself, sometimes preventing a felony charge from ever being filed.
Mastery of Minnesota’s Local Court Systems
I have defended clients against serious felony charges in courtrooms across this state. I know that the way a case is prosecuted in Hennepin County can be very different from how it’s handled in St. Louis County or Olmsted County. I understand the local rules, the personalities of the prosecutors, and the tendencies of the judges. This deep, statewide experience allows me to build a defense strategy that is not just legally sound, but also tailored to the specific courtroom where your future will be decided.
A Relentless Fight for the Best Possible Outcome
My mission is clear: to achieve the best possible result for you. That might mean convincing the prosecutor to dismiss the case entirely. It could mean negotiating a reduction from a felony to a misdemeanor to save your career and your gun rights. It could mean securing a diversion program that keeps a conviction off your record. And if the state refuses to be fair, it means presenting a powerful, persuasive case to a jury and fighting for a full acquittal at trial. I will not rest until we have explored every option and fought every battle to protect your name and your future.