Legal Question in Criminal Law in California
Statute of limitations (criminal and civil)
If an individual, in the state of California, committed insurance fraud to the extent of falsely reporting a theft of personal property for approximately $2500.00 to the police and to their insurance company, and subsequently was paid a by their insurance company in full for this claim, what is the statue of limitiations in the state of California to either the criminal or the civil prosecution of this person by either the state or by the insurance company, if such a action were taken by an this individual.
1 Answer from Attorneys
Re: Statute of limitations (criminal and civil)
It appears from the limited information provided that the crime of insurance fraud was committed. The amount $2,500 is sufficient to make it a felony. In fraud cases the statute, both civil and criminal, does not begin to run until the fraudulent conduct is discovered.
If the crime has not be discovered, or should have been discovered as the result of reasonable diligence by the victim.
You should contact an attorney and fully discuss the facts of the case.
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