§ 114 — Penalties for fraudulent practices

§ 114. Penalties for fraudulent practices. 1. Any person who,\nknowingly and with intent to defraud presents, causes to be presented,\nor prepares with knowledge or belief that it will be presented to or by\nan insurer or purported insurer, or any agent thereof, any written\nstatement as part of, or in support of, an application for the issuance\nof or the rating of an insurance policy for compensation insurance, or a\nclaim for payment or other benefit pursuant to a compensation policy\nwhich he or she knows to: (i) contain a false statement or\nrepresentation concerning any fact material thereto; or (ii) omits any\nfact material thereto, shall be guilty of a class E felony. Upon\nconviction, the court in addition to any other authorized sentence, may\norder forfeiture of all rights to compensation or payments of any\nbenefit, and may also require restitution of any amount received as a\nresult of a violation of this subdivision.\n 2. An employer or carrier, or any employee, agent, or person acting on\nbehalf of an employer or carrier, who knowingly makes a false statement\nor representation as to a material fact in the course of reporting,\ninvestigation of, or adjusting a claim for any benefit or payment under\nthis chapter for the purpose of avoiding provision of such payment or\nbenefit shall be guilty of a class E felony.\n 3. A person who knowingly makes a false statement or representation as\nto a material fact for the purpose of obtaining, maintaining or renewing\ninsurance under this chapter, whether for himself or herself or for any\nother person or entity or for the purpose of evading the requirements of\nsection fifty of this chapter shall be guilty of a class E felony. In\naddition to any other remedy, the carrier providing insurance shall be\nentitled to restitution of any amount obtained or withheld as a result\nof a violation of this subdivision.\n 4. Consistent with the provisions of the criminal procedure law, in\nany prosecution alleging a violation of subdivision one, two or three of\nthis section, or sections fifty-two and one hundred thirty-one of this\nchapter, in which the act or acts alleged may also constitute a\nviolation of the penal or other law, the prosecuting official may charge\na person pursuant to the provisions of this section and in the same\naccusatory instrument with a violation of such other law.\n 5. A person (a) who is convicted of a second or subsequent offense\nunder this section within ten years of the prior conviction, or (b) who\nviolates any provision of this section concerning two or more claimants,\nshall be guilty of a class D felony.\n