[latinkidmj]

My question involves criminal law for the state of: Washington

I recently filed a personal property claim with a national insurance company for property that I described as "lost". They paid the claim of $2800. If, during the course of a subrogation investigation they should learn from the moving company who presumptively "lost" my property, but in reality sold it to satisfy a lien on a contract between us, would I be subject to criminal charges of insurance fraud?

Under Washington State "wash-out" statutes, any previous felony convications in other states are not counted if they ocurred more than 10 years ago (I have 2 from 12 and 13 years ago respectively). Thus my second question would be, if criminal insurance fraud charges WERE filed, would I be eligible for a First Time Offender Waiver?

I am a new Ph.D. student at a Washington State university and would hate to be arrested over this issue. I'm not even certain that the insurance company will even investigate the claim since the contract that I signed with the movers had explicit liability waivers and insurance provisions (that I declined) thereby eliminating the ability of the insurnace company to pursue them on my behalf...

[Mr. Knowitall]

Yes, obviously, your act of insurance fraud could be prosecuted. The fact that your prior felony convictions are old enough to avoid your being habitualized does not make you a first offender.

As I'm not a psychic, I cannot predict whether or not your insurance company will figure out that you defrauded them or what they will do if they detect the fraud.

[latinkidmj]

I wonder if I sent the money back if it would preclude their prosecution? I know...doubtful. What a stupid mistake...sigh....Where would the jurisdiction be for such a prosecution? My understanding is that given that the claim was filed in WA and that my residence is in WA that the arrest and charges would be also filed here in WA, or would the jurisdiction lie with the home office of the Insurance company?

[Mr. Knowitall]

Consider returning the money with a letter indicating that the lost item has been accounted for. (I would use a nebulous term like "accounted for" to avoid any factual misstatement.)

[latinkidmj]

I have consulted an attorney and he advised the same thing. The money is being sent this week. In an email I advised the insurance rep. that this was going to take place and that the "property had been recovered". Their response was that upon receipt of the funds, the "file will be closed".