943.395 Fraudulent insurance and employee benefit program claims.
(1) Whoever, knowing it to be false or fraudulent, does any of the following may be penalized as provided in sub. (2):
(a) Presents or causes to be presented a false or fraudulent claim, or any proof in support of such claim, to be paid under any contract or certificate of insurance.
(b) Prepares, makes or subscribes to a false or fraudulent account, certificate, affidavit, proof of loss or other document or writing, with knowledge that the same may be presented or used in support of a claim for payment under a policy of insurance.
(c) Presents or causes to be presented a false or fraudulent claim or benefit application, or any false or fraudulent proof in support of such a claim or benefit application, or false or fraudulent information which would affect a future claim or benefit application, to be paid under any employee benefit program created by ch. 40.
(d) Makes any misrepresentation in or with reference to any application for membership or documentary or other proof for the purpose of obtaining membership in or noninsurance benefit from any fraternal subject to chs. 600 to 646, for himself or herself or any other person.
(2) Whoever violates this section:
(a) Is guilty of a Class A misdemeanor if the value of the claim or benefit does not exceed $2,500.
(b) Is guilty of a Class I felony if the value of the claim or benefit exceeds $2,500.
History: 1971 c. 214; 1975 c. 373, 421; 1977 c. 173; 1979 c. 89; 1981 c. 96; 1987 a. 349; 1991 a. 39; 2001 a. 16, 109; 2015 a. 197 s. 51.
The “value of the claim" under sub. (2) refers to the amount of the entire claim and not the fraudulent portion. State v. Briggs, 214 Wis. 2d 281, 571 N.W.2d 881 (Ct. App. 1997), 97-0439.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 943 - Crimes against property.
943.011 - Damage or threat to property of witness.
943.012 - Criminal damage to or graffiti on religious and other property.
943.013 - Criminal damage; threat; property of judge.
943.014 - Demolition of historic building without authorization.
943.015 - Criminal damage; threat; property of department of revenue employee.
943.02 - Arson of buildings; damage of property by explosives.
943.03 - Arson of property other than building.
943.04 - Arson with intent to defraud.
943.05 - Placing of combustible materials an attempt.
943.065 - Injury caused by arson: treble damages.
943.07 - Criminal damage to railroads.
943.11 - Entry into locked vehicle.
943.12 - Possession of burglarious tools.
943.125 - Entry into locked coin box.
943.14 - Criminal trespass to dwellings.
943.143 - Criminal trespass to an energy provider property.
943.145 - Criminal trespass to a medical facility.
943.15 - Entry onto a construction site or into a locked building, dwelling or room.
943.201 - Unauthorized use of an individual's personal identifying information or documents.
943.202 - Unauthorized use or possession of a credit card scanner.
943.203 - Unauthorized use of an entity's identifying information or documents.
943.205 - Theft of trade secrets.
943.207 - Transfer of recorded sounds for unlawful use.
943.208 - Recording performance without consent of performance owner.
943.209 - Failure to disclose manufacturer of recording.
943.215 - Absconding without paying rent.
943.22 - Use of cheating tokens.
943.225 - Refusal to pay for a motor bus ride.
943.23 - Operating vehicle without owner's consent.
943.24 - Issue of worthless check.
943.245 - Worthless checks; civil liability.
943.26 - Removing or damaging encumbered real property.
943.27 - Possession of records of certain usurious loans.
943.28 - Loan sharking prohibited.
943.30 - Threats to injure or accuse of crime.
943.31 - Threats to communicate derogatory information.
943.34 - Receiving stolen property.
943.37 - Alteration of property identification marks.
943.392 - Fraudulent data alteration.
943.395 - Fraudulent insurance and employee benefit program claims.
943.40 - Fraudulent destruction of certain writings.
943.41 - Financial transaction card crimes.
943.45 - Theft of telecommunications service.
943.455 - Theft of commercial mobile service.
943.46 - Theft of video service.
943.47 - Theft of satellite cable programming.
943.48 - Telecommunications; civil liability.
943.49 - Unlawful use of recording device in motion picture theater.
943.50 - Retail theft; theft of services.
943.51 - Retail theft; civil liability.
943.55 - Removal of shopping cart.
943.60 - Criminal slander of title.
943.61 - Theft of library material.
943.62 - Unlawful receipt of payments to obtain loan for another.
943.74 - Theft of farm-raised fish.
943.75 - Unauthorized release of animals.
943.76 - Infecting animals with a contagious disease.
943.81 - Theft from a financial institution.
943.82 - Fraud against a financial institution.
943.84 - Transfer of encumbered property.
943.85 - Bribery involving a financial institution.
943.86 - Extortion against a financial institution.
943.87 - Robbery of a financial institution.
943.88 - Organizer of financial crimes.