You really can't accuse someone of a crime without using your name.
The sixth amendment to the US Constitution assures that a citizen enjoys the right "to be confronted with the witnesses against him".
Without this protection we would have a police state.
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twin, below, is correct. There are a lot of places where you can phone in anonymous tips about illegal activity, but if the case is ever prosecuted, any witnesses must come forward and give their names.
2007-09-25 18:43:51
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answer #3
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answered by Anonymous
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Insurance Fraud
THE TOPIC
JULY 2007
Property/casualty insurance fraud cost insurers an estimated $30 billion in both 2004 and 2005, according to the Insurance Information Institute. Fraud may be committed at different points in the insurance transaction by different parties: applicants for insurance, policyholders, third-party claimants and professionals who provide services to claimants. Common frauds include "padding," or inflating actual claims; misrepresenting facts on an insurance application; submitting claims for injuries or damage that never occurred; and "staging" accidents. Prompted by the incidence of insurance fraud, about 40 states have set up 48 fraud bureaus (some bureaus have limited powers, and some states have more than one bureau to address fraud in different lines of insurance). These agencies have reported increases in referrals—tips about suspected fraud—cases opened, convictions and court-ordered restitution.
RECENT DEVELOPMENTS
States: Kansas enacted a law in May 2007 establishing an antifraud division in the insurance department to investigate, prepare and assist in criminal cases of possible fraud (See chart). Maryland has a new law (effective October 2007) that defines as a crime organizing, planning or participation in an intentional motor vehicle crash or scheming to create documentation of a crash that did not occur in order to submit a false motor vehicle insurance claim. In Arkansas, legislation enacted in April 2007 established procedures by which the motor vehicle title of a car damaged by water can be labeled for salvage and parts only by defining water damage as equal to 70 percent of a vehicle’s retail value.
New York’s governor signed a bill in March 2007 that enhances measures to combat workers compensation fraud. They include imposing stricter criminal and civil penalties for employers who do not obtain coverage for their workers, making attorneys and others who institute actions without reasonable grounds responsible for costs, allowing the Workers Compensation Board to issue subpoenas out of state and enforce them, issuing stop-work orders against employers who don’t maintain coverage and recovering attorney fees and costs in successful actions.
Officials in Massachusetts, which instituted community fraud task forces in eight localities beginning in 2003, report drops in auto insurance premiums at significant rates as a result of lower incidences of fraud. Premiums will be 11.7 percent lower statewide when new rates take effect April 2007. In Lawrence, the first town to start a task force, premiums will be 24 percent lower. The lower premiums apply to drivers with six or more years of driving and average driving records who carry comprehensive and collision coverage and $500 deductibles. Massachusetts drivers file about twice as many property damage claims as the national average—6.88 per 100 insured vehicles versus the U.S. average of 3.67.
State Insurance Fraud Bureau Study: The Coalition Against Insurance Fraud’s Progress Report, 2001-2006 found that the major measurements of success, namely referrals received, cases opened and presented for prosecution, convictions and restitution ordered, have increased from 2004 to 2005, but results appear to have leveled off in recent years. For instance, referrals grew 20 percent during the 2004-2005 period. Half of all referrals were logged in three states—New York, California and Florida. The next measure, cases opened, grew 6.5 percent, but the average number of cases opened per bureau has been flat since 2001. Prosecutions and criminal conviction both were up at the same rate, but the average number of prosecutions has been flat and convictions were down at 18 bureaus. However, court-ordered restitution increased at most fraud bureaus and totaled $298 million in 2005. The CAIF notes that if all of this money is repaid, the total collected would be twice the operating costs of the 31 bureaus that provided restitution data.
Flooded Vehicles: The hurricanes of 2005, especially Hurricane Katrina, may result in a surge in insurance fraud. In addition to schemes where homeowners or renters make claims for stereos, televisions or other expensive items they never purchased, and others, where they inflate claims for items actually destroyed, home arsons have risen. Dozens of fires broke out in New Orleans and other affected communities after Hurricane Katrina. Some of these may be the result of arson committed by flood victims who did not have flood coverage.
After the 2005 hurricanes, the National Insurance Crime Bureau (NICB) sent teams to affected states to help identify and catalog flooded vehicles and boats in cooperation with the Louisiana State Police Insurance Fraud Unit and insurance company investigators. A database was created by this joint effort in which vehicle identification numbers (VINs) and boat hull identification numbers (HINs) from flooded vehicles and boats could be stored and made available to law enforcers, state fraud bureaus, insurers and state departments of motor vehicles. The database, which was developed and is maintained by the NICB, is online and can be accessed by the general public. As a solution to the flooded vehicle problem, one auto insurer decided to crush its insured vehicles that were flooded.
The NICB warned that flooded vehicles may be cleaned up, moved and sold in other areas of the country by unscrupulous operators. Although the vehicles were totaled by insurance companies and identified with the word “salvage” on their titles (meaning that they are not fit for any use except for scrap or parts), they could end up on the market in states where it is relatively easy to apply for a new title. In August 2006 the NICB said that flooded cars from New Orleans had shown up in salvage lots and for sale in over 20 states.
According to the NICB, by October 2006 there were over 309,000 vehicles in its flooded motor vehicle and boat database. A joint effort by the NICB, the Louisiana State Police Insurance Fraud Unit and insurance company investigators resulted in over 300 investigations and 72 arrests. These investigations of potential fraudulent claims involved $11.3 million, that is, the total amount that insurance companies would be exposed to if all these claims were found to be fraudulent.
At the end of 2006, Experian Automotive, an automotive information source that provides histories on used automobiles, said that about 200,000 cars and trucks that had been flood-damaged were cleaned up and resold. Between 20,000 and 30,000 of those damaged vehicles were moved to other states. Experian also found that almost half of those moved vehicles had titles that did not disclose that the vehicles had been flooded.
To address the problem of flood or otherwise damaged vehicles whose titles have been changed so as not to disclose their damage history, the Passenger Vehicle Loss Disclosure Act (S 545) was introduced by Senator Trent Lott (R-Miss.) in February 2007. (It had originally been proposed in July 2006.) The proposed legislation would require insurers to electronically disclose information related to vehicles that were declared a total loss. Insurers would have to list the VIN of the car, along with the date of the total loss designation and the reason for the total loss, such as flooding, collision, fire or theft, among other information.
Staged Auto Accidents: The National Insurance Crime Bureau has identified the 10 cities with the highest numbers of staged auto accidents. One of the many types of staged accidents involves a vehicle that is positioned in front of an unsuspecting motorist and brakes suddenly, causing a rear-end crash. Miami, Florida leads the list which was compiled in March 2006 (see below).
2007-09-25 18:36:18
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answer #5
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answered by Effie 2
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