record knowing it contains a false statement or
information, with the purpose to deceive or injure anyone
or to conceal any wrongdoing. N.J.S.A. 2C:21-4a.
A conviction for exhibiting a driver’s license of
another under N.J.S.A. 39:3-39c merges with this
subsection for the same act. State v. Rondinone, 291 N.J.
Super. 489, 499-500 (Law. Div. 1996, aff’d., 300 N.J.
Super. 495 (App. Div. 1997).
B. Issuing a false financial statement
It is a third degree crime to issue a false financial
statement. N.J.S.A. 2C:21-4b. This occurs when a
person, by oath or affirmation, with a purpose to deceive
or injure anyone or conceal any wrongdoing:
- knowingly makes or utters a written instrument
which purports to describe the financial condition or
ability to pay of some person and is inaccurate in some
substantial respect; or - represents in writing that a written instrument
purports to describe a person’s financial condition or
ability to pay as of a prior date is accurate with respect to
such person’s current financial condition or ability to
pay, when he knows it is substantially inaccurate in that
respect. Id.
A “person” under this section includes a corporation
or an unincorporated association. N.J.S.A. 2C:1-14g.
VII. DESTRUCTION, FALSIFICATION, OR
ALTERATION OF RECORDS RELATING TO
MEDICAL CARE
This offense was added as part of the Professional
Medical Conduct Reform Act of 1989. L. 1989, c. 300,
§ 15.
It is a fourth degree crime to purposely destroy, alter
or falsify any record relating to the care of a medical,
surgical or podiatric patient in order to deceive or mislead
any person as to information, including, but not limited
to, a diagnosis, test, medication, treatment or medical or
psychological history concerning the patient. N.J.S.A.
2C:21-4.1.
VIII. HEALTH CARE CLAIMS FRAUD
In 1997, the Legislature amended the Code to
specifically address health care claims fraud. L. 1997, c.
353, § 2. These crimes are greater in scope than the
various pre-Code health fraud crime statutes. For these
new crimes, the punishment can be more severe and the
State has to prove a lesser culpability.
A. Definitions
“Health care claims fraud” means making, or causing
to be made, a false, fictitious, fraudulent, or misleading
statement of material fact in, or omitting or causing a
material fact to be omitted from, any record, bill, claim
or other document, in writing, electronically or in any
other form, that a person attempts to submit, submits,
causes or attempts to cause to be submitted for payment
or reimbursement for health care services. N.J.S.A.
2C:21-4.2.
“Practitioner” is defined expansively to mean a
person licensed in this State to practice medicine and
surgery, chiropractic, podiatry, dentistry, optometry,
psychology, pharmacy, nursing, physical therapy, or law;
or any other person licensed, registered or certified by any
State agency to practice a profession or occupation in this
State; or any person similarly licensed, registered or
certified in another jurisdiction. Id.
B. Offenses
It is a second degree crime for a practitioner to
knowingly commit health care claims fraud in the course
of providing professional services. N.J.S.A. 2C:21-4.3a.
It is a third degree crime for a practitioner to
recklessly commit health care claims fraud in the course
of providing professional services. N.J.S.A. 2C:21-4.3b.
For a person who is not a practitioner providing the
services for which the claim is made:
(i) it is a third degree crime to knowingly commit
health care claims fraud; N.J.S.A. 2C:21-4.3c;
(ii) it is a second degree crime to commit five or more
acts of health care claims fraud and the aggregate
pecuniary benefit obtained or sought to be obtained is at
least $1,000;
id.; and
(iii) it is a fourth degree crime to recklessly commit
health care claims fraud. N.J.S.A. 2C:21-4.3d.
A defendant convicted of any of the offenses under
this section may be subject to a fine of up to five times the