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A Video Explaining the Right of Insurers to Assist Prosecutors  

https://zalma.com/blog

 Insurance fraud is a major component of white-collar crime. It is slowly  becoming a more significant component of the law-enforcement agenda.  The insurance industry plays a leading role in assisting prosecutors in  the investigation and prosecution of insurance fraud. The industry has  been compelled to do so by statutes enacted by most states. Insurers  help prosecutors establish criminal cases involving health care  providers, lawyers, bogus claimants, arsonists, and a vast array of  participants in infinite number of schemes to defraud insurance  companies and their customers.  Throughout the country, insurers routinely cooperate with law  enforcement officials that are investigating insurance fraud by  providing information, specialized expertise, and technical and  administrative support for these complicated investigations. The recent  federal health insurance fraud statute, and state statutes in various  states, require cooperation between private insurers and law enforcement  officials on fraud investigations.  A conflict exists whenever there is a reasonable possibility that the  district attorney\\u2019s office may not exercise its discretionary function  in an evenhanded manner. The conflict is disabling only if it is so  grave as to render it unlikely that the defendant will receive fair  treatment.  In the criminal justice system, the prosecutor bears responsibility for  determining what crimes will be prosecuted. The legal system has  traditionally allowed wide discretion to criminal prosecutors in the  enforcement process. The Government retains broad discretion as to whom  to prosecute.   Prosecutorial discretion is not unlimited. \\u201cSelectivity in the  enforcement of criminal laws is \\u2026 subject to constitutional  constraints.  The decision to prosecute may not be based upon an  unjustifiable standard like religion, race or sexual orientation. Beyond  these constitutional limitations, a trial judge \\u201cmust accord a  presumption of constitutionality to prosecutorial decisions and approach  the inquiry with appropriate respect for the judgments exercised by  officers of a coordinate branch of government  \\xa9 2021 \\u2013 Barry Zalma